The New York SC-1 Temporary Order of Protection (Supreme Court) is a court order issued by a judge to protect a person from violence or harassment. It is usually issued in response to an application by a petitioner, who is the person seeking protection. The Order of Protection can be issued for a variety of reasons, such as to stop physical abuse, threats, stalking, or harassment. There are two types of Temporary Orders of Protection: Expert and Final Orders. An Expert Order is issued without the respondent (the person to be protected from) present and is usually granted on an emergency basis. A Final Order is issued after a hearing where the respondent is present. The Order of Protection will be in effect for a specified period of time, usually between six months and one year. Depending on the circumstances, the court may also order the respondent to stay away from the petitioner, or to provide other forms of protection.
New York SC-1 Temporary Order of Protection (Supreme Court)
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FAQ
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.
There are no fees to file a petition for an order of protection.
The appellate division may grant, modify or limit a preliminary injunction or temporary restraining order pending an appeal or determination of a motion for permission to appeal in any case specified in section 6301.
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.
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.
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.
The burden of proof for all criminal matters, including an order of protection in criminal court, is proof beyond a reasonable doubt.
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.