The New York Order of Protection is a court order issued to protect victims of domestic violence, harassment, stalking, sexual assault, and other types of violent or threatening behavior. It can be issued by a judge in a civil or criminal court, or through the Family Court in some cases. The order may require the perpetrator to stay away from or have no contact with the victim, or to vacate a shared residence. It can also require the perpetrator to surrender any firearms and to attend counseling or other court-mandated programs. There are three types of New York Order of Protection: Temporary Order of Protection, Final Order of Protection, and Full Order of Protection. A Temporary Order of Protection is issued when the court finds that the victim is in immediate danger and is valid for up to 8 days. A Final Order of Protection is issued after a hearing and is valid for up to two years. A Full Order of Protection is issued when the court finds that the victim is in need of additional protection and is valid for up to five years.
New York Order of Protection
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How to fill out New York Order Of Protection?
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FAQ
If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison.
The burden of proof for all criminal matters, including an order of protection in criminal court, is proof beyond a reasonable doubt.
Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.
An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.
It usually lasts one year. In certain circumstances, it can last up to five years.
For violating a New York order of protection the court could hold you in contempt. Criminal contempt in the second degree is a class A misdemeanor that can be punished by a maximum one year in jail and/or a find of $1,000.
There are no fees to file a petition for an order of protection.
A temporary order of protection will last at least until the next court date. From there it can be extended until the matter is resolved. A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years.