Permanent Injunction For Protection In Bronx
Description
Form popularity
FAQ
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
A permanent order of protection is not really permanent. It typically is for one year, but sometimes expires after 5 years. If There Is an Order of Protection Against Me, Will I Have a Criminal Record? An order of protection alone will not cause you to have a criminal history.
Family Court Order of Protection The burden of proof required is lower, relying on the “preponderance of the evidence” standard. Your presence and active participation in court are necessary. While records are kept private, the courtrooms themselves are open to the public.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
Restraining orders are provisional measures or temporary fixes pending the final case determination. However, injunctions last for extended periods and are granted after both parties in the case have been heard.
Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice. Failure to comply with an injunction may result in being held in contempt of court, which in turn may result in either criminal or civil liability. See, e.g., Roe v. Wade 410 US 113 (1973).
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
In New York, a restraining order, called an Order of Protection, can be repeatedly issued and re-issued for as long as a criminal case or a Family Court case lasts. Once the case is over, a final Order of Protection can be issued that lasts for any period of time up to 10 years.
