Permanent Injunction For Protection In Queens
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FAQ
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.
Safety Statutes Generally speaking, there is no deadline to file for a restraining order. If you feel your safety is in danger, contact law enforcement immediately. But, keep in mind that the earlier you request the order after a domestic violence incident or crime, the better.
If the person who is protected by the Order wants it changed or dropped, then that request must be made to the Judge or the Assistant District Attorney. As long as the Order of Protection is in effect, any violation of it by the Defendant can result in arrest for Criminal Contempt.
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.
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.
The order typically remains in effect for a year. In some circumstances, it can last up to five years.
How do I renew (extend) the restraining order? Before your current order expires, you can go back to the court where you originally filed the Family Abuse Prevention Act restraining order and request a renewal (extension) for two more years.
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.
