An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection.
When someone is thinking about getting an order of protection, it’s understandable to wonder if it will work. Questions such as ‘Will this court order keep that person away from your home or where you work?’ might come to mind.
An order of protection isn’t an armed guard, but it’s effective against someone who doesn’t want to be arrested and sent to jail. A family lawyer in Brooklyn can explain how an order of protection may apply to your circumstances and help you understand the Family Court process.
What is a Protection Order?
A protection order is frequently used when domestic violence is involved, although it can be used to address a wide range of safety issues. A Family Court, criminal court or Supreme Court can all issue a protection order.
The order is designed for a specific situation and typically tells the offender not to harass, threaten or injure you or members of your family. If you were living with the person named in the order and wish to retrieve your belongings, the police will go with you.
Some of the conditions listed in the order of protection could include, but are not limited to:
- Ordering the subject of the order to move out of your home
- Staying away from you and anyone else named in the order
- Paying child support
- Ordering the subject to obey custody orders
- Not having a gun
What Happens to Someone Who Violates an Order of Protection?
The offender could:
- Be arrested and sent to jail
- Be charged with a more serious crime that could result in a longer jail or prison sentence
- Have any guns taken away
It’s a crime to violate orders of protection. Call the police if the subject violates the conditions of the order. You don’t have to wait until you have been physically attacked. You can also file a violation in Family Court and/or criminal court.
Who Can File for an Order of Protection in Family Court?
New York Family Court may hear a request involving current or former spouses, people related by blood or marriage, individuals who share a child, and people who are or were in an intimate relationship. Whether a relationship qualifies may depend on its nature, duration, and the frequency of interaction between the parties.
A person begins the process by filing a family offense petition describing the alleged conduct. The petition should provide specific details about relevant incidents, including what occurred, when and where it happened, whether anyone was injured, and whether threats or weapons were involved.
Temporary and Final Orders of Protection
A judge may issue a temporary order before the respondent appears in court. The temporary order usually lasts until the next court date and may be extended while the case remains pending. It does not mean the court has made a final finding about the allegations.
A final order may be issued if the respondent consents or if the court finds after a hearing that a family offense occurred. The order may set conditions involving communication, access to a home, firearms, custody, visitation, or temporary child support.
Preparing for an Order of Protection Hearing
Both parties may have an opportunity to present testimony and other evidence. Relevant materials may include text messages, emails, photographs, medical records, police reports, and witness information. Existing custody, visitation, or support orders should also be reviewed because the requested restrictions may affect parenting arrangements or communication between the parties.
Court orders must be followed exactly while the case is pending. Informal agreements between the parties do not modify the written terms. Anyone who needs different conditions should request a change from the court instead of relying on private permission.
How a Family Law Attorney Can Help
An order of protection proceeding may affect safety, housing, parenting arrangements, and related court cases. An attorney can help a petitioner prepare detailed allegations and supporting evidence. A respondent may also need representation to understand the restrictions, answer the petition, and present a response at a hearing.
Frequently Asked Questions About Orders of Protection
Does a Temporary Order Mean the Respondent Was Found Guilty?
No. A temporary order may be issued before the respondent has appeared or presented evidence. It provides interim restrictions while the court considers the case and is not a final determination that a family offense occurred.
Can an Order of Protection Affect Child Custody or Visitation?
Yes. The court may include temporary custody or visitation conditions, supervised parenting time, or directions for safe child exchanges. A separate petition may be needed to establish longer-term custody or visitation arrangements.
Can the Parties Agree to Change the Order Themselves?
No. The parties should follow the written terms unless the court modifies or ends the order. Even if the protected person permits contact, the respondent could still face consequences for conduct prohibited by the order.
What Evidence May Be Used at a Hearing?
Evidence may include messages, emails, photographs, medical documents, police reports, recordings obtained lawfully, and witness testimony. The evidence needed depends on the allegations, the requested restrictions, and the issues disputed by the parties.
Get Legal Guidance for an Order of Protection Matter
Whether you are requesting an order of protection or responding to a petition, the outcome may affect your home, family relationships, parenting arrangements, and communication with the other party. Legal guidance can help you understand the court process, prepare relevant evidence, and address the terms requested in the order.
For better understanding and discussion of these issues please do not hesitate to call The Levitsky Law Firm to schedule confidential consultation. Contact a Brooklyn Family Law Attorney today!
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