How to Get a Protective Order in New York

In New York, three (3) different courts can issue protective orders, also referred to as domestic violence orders of protection. You may request an order of protection from the family court, the criminal court may issue an order of protection (sometimes the criminal court will do this even if you do not ask for one), or the Supreme Court can issue an order of protection during a divorce case. In any situation, you will need to cooperate with the court and fill out paperwork – and you may want to contact an attorney for assistance.

Please take a moment to explore the many types of protective orders available in New York, and do not hesitate to contact Levi Divorce & Family Law Attorneys for legal help.

Order of Protection Basics

An order of protection can limit the behavior of someone who harms or threatens to harm you or your children. This person may need to:

  • Cease contact with you
  • Stay away from you and your loved ones
  • Move out of your house
  • Adhere to child custody orders
  • Pay child support
  • Give up their guns

Depending on your situation, different courts may get involved with your case and issue your order of protection (see above). Orders of protection may also be temporary, final, limited, and full.

Temporary vs. Final Orders of Protection

A temporary order of protection is issued the same day you file for an order of protection and lasts until the next court date. You must honor your court date to extend your temporary order of protection.

New York Courts issue final orders of protection when cases result in convictions or family law judges find that someone committed a family offense. An easy way to remember the difference between a temporary order of protection and a final order of protection is this: a temporary order of protection is issued before you get a court date, and a final order of protection is issued at the end of a court case.

Full vs. Limited Orders of Protection

A limited order of protection allows the subject of the order to maintain contact with you, but a full order of protection means the subject of the order must stay away from you completely. Both orders require the subject to refrain from abusing, harassing, or threatening you.

In a full order of protection, the subject must stay away from you, your home, your job and school, and sometimes your loved ones.

Depending on the nature of your relationship and the details of your complaint, the court may issue different types of orders.

Which Protective Order is Right for Me?

When you ask for a protective order, you are asking the court for help. When crimes are committed, the court may step in – even if you do not ask. In any situation, you have a legal right to court-ordered protection if you have been threatened, harmed, or otherwise harassed by someone. Protective orders can be especially important after you have been the victim of a crime, as the perpetrator may be angry that you came forward.

Under normal circumstances, the police may not understand how serious a former partner showing up at your doorstep really is, but if you have a protective injunction in place, that person’s behavior automatically becomes a crime.

If you have been the victim of domestic abuse, stalking, violence, or criminal behavior, you can petition for a protective injunction – and Levi Divorce & Family Law Attorneys can help.

If you are in immediate danger or need help leaving an abusive situation, please call 911 or contact the National Domestic Violence Hotline at 1.800.799.7233. Once you are safe, call our attorneys at (718) 215-0121 or online and take the first steps toward getting the protective order you need.

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