When you face harassment or threat from a certain individual, you may obtain a particular order from a court of law to ensure your protection. New York State recognizes two types of protection – one from the family court and one from the criminal court. Here is a concise overview of the order of protection from a family court.
Who can obtain such an order? You may apply if you share any of the following relationships with the abuser:
- You share blood relationship
- You were legally married to/separated from/divorced from
- You were in an intimate
- You have a child in common
What types of order of protection are existent in New York? If the judge deems necessary, he/she may provide you a temporary order of protection. This is valid until the completion of the hearing. After the end of hearing, the judge grants the final order of protection.
Where do you apply? You need to apply at the county court of your residence. Suppose you are a resident of Suffolk County. If you want to file for an order, it is best to get in touch with a Long Island family lawyer to deal with the legal aspect.
How many years does the final order hold? In usual cases, the order holds ground for 2 years. However, if there are ‘aggravating circumstances’ the judge may provide you with an order extended up to 5 years.
Note: ‘Aggravating circumstances’ implies that the abuser poses as a danger to you or someone in your family.
What are the advantages of such an order? Apart from the fact that it ensures protection from violence or harassment, this order also helps to prevent your abuser to contact you in any way. In case of violation of the order, the abuser may face serious consequences as per New York laws.
