Temporary Order Of Protection In New York State

Category:

Family Law - Statewide - Domestic Violence

State:

New York

Control #:

NY-SC-1

Format:

Instant download

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Public form

Description

The Temporary Order of Protection in New York State is a legal document designed to safeguard individuals from harm or harassment by establishing certain behavioral boundaries for the accused party. Key features of this form include the ability to issue an order either ex parte or in the presence of both parties, detailing specific conditions that the respondent must observe, such as maintaining distance from protected persons, refraining from contact, and surrendering firearms. The document also emphasizes the serious consequences of non-compliance, including potential arrest and criminal prosecution. Filling and editing this form requires careful attention to ensure all specific conditions are clearly stated and aligned with the Domestic Relations Law. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it allows for the protection of clients in situations involving domestic violence, harassment, or stalking. Moreover, understanding the implications of such an order can assist legal professionals in guiding their clients effectively through protective measures in domestic relations cases. It remains effective until a court modifies or terminates it, underscoring the need for legal expertise in its preparation and enforcement.

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How to fill out New York Temporary Order Of Protection?

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FAQ

In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.

A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had.

It is a judicial order which prohibits the defendant from contacting the alleged victim in any way, whether that is physical contact by going anywhere that the defendant might know that the alleged victim might be or any sort of electronic communications like a phone call, text message, e-mail, or social media.

In order to obtain a preliminary injunction or temporary restraining order (TRO) in state court, a party must show a likelihood of ultimate success on the merits; the prospect of irreparable injury if the injunction is denied; and a balance of equities tipping in the moving party's favor. Doe v. Axelrod, 73 N.Y.

A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over.