Restraining Order In Nyc
Description
How to fill out Complaint For Temporary Restraining Order, Preliminary Injunction And Permanent Injunction?
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FAQ
A victim who has an order of protection (temporary or final) cannot violate his/her own order or be arrested for violating such order.
The most serious criminal charge for violation of a New York order of protection is aggravated criminal contempt. This is a class D felony in New York that could lead to seven years in prison and/or a criminal fine of $5,000.
Yes, anytime someone runs a background check on you, they will see that you have had an order of protection taken out against you ? even if you are not criminally charged with anything. For this reason, it is vastly important that you fight against an unfair restraining order.
The person who requested the Order cannot change the Order or make it meaningless by allowing the Defendant to have contact. 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.
In order to obtain an order of protection in Family Court, your relationship to the other person involved must fall in at least one of the following categories: Current or former spouse. Someone with whom you have a child in common. A family member to whom you are related by blood or marriage.