When Should I File an Order of Protection?

An order of protection, also commonly known as a restraining order, is a legal document that requires an abuser to stay away from a victim. In New York City, there are certain situations where filing for an order of protection may be appropriate. There are also different types of orders available depending on the circumstances of the case.

Emergency Protection Orders

One type of order of protection a victim can get is an emergency protection order. This is the type of order that a victim can obtain immediately after a situation of domestic violence. The police may be called to the home and the aggressor or abuser is required to leave the home. An emergency protection order is a short term order that the victim is given by the police when the abuser is arrested for a violent situation. It is usually valid for three to seven days, giving the abused person time to file for another order of protection with a longer duration.

Protection Orders

A general protection order has a longer time period, usually anywhere from one to five years. However, in some cases, it can be permanent as the victim of domestic abuse can renew it if they feel continuously threatened. This order includes provisions, including the following:

• No contact: The abuser is prohibited from contacting the victim from calling, emailing, texting, stalking or having any other type of contact with them.
• Peaceful contact: The abuser may be allowed to have limited contact with the victim, such as for caring for or communicating with a child they share.
• Stay away: The abuser is ordered to stay a certain distance away from the victim, their home, workplace, school and vehicle. Usually, that distance is between 100 and 300 feet.
• Move out: This orders the abuser to move out of the home when they share it with the victim.
• Firearms: The abuser is required to surrender firearms they own and cannot be permitted to purchase any additional.
• Counseling: The abuser is ordered into counseling.

Domestic Violence

Dealing with domestic violence is the time when a person should file a restraining order. Whether the violence is physical or psychological and involves any type of behavior that injures, threatens, scares or controls a romantic partner, family member or member of the same household, an order of protection can help. The abuser may even use other family members, children or even pets as leverage to get what they want from the victim. An order of protection can help the victim by keeping the abuser away so they can pick up the pieces of their life.

If you need an order of protection in New York City, you can rely on the experienced family attorneys at Levitsky Law Firm. Our legal team will guide you through every step of the process, listen to your concerns, and help protect your rights. Contact us today to discuss your case and connect with an attorney who can provide the support you need.