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New York SC-2 Order of Protection (Supreme Court)
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FAQ
It does not cost anything to file for an order of protection. Many orders of protection cases are handled without a lawyer however it can often be helpful to have one represent you in court.If you are going to be in court without a lawyer, our Preparing for Court By Yourself section may be useful to you.
A civil harassment restraining order is a court order that helps protect people from violence, stalking, serious harassment, or threats of violence. You can ask for a civil harassment restraining order if: A person has abused (or threatened to abuse), sexually assaulted, stalked, or seriously harassed you, and.
You can file a family offense petition in Family Court to request an Order of Protection. You must have a certain relationship with the other person. You must allege and prove that the other person committed certain crimes against you.
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
What is an Order of Protection? An Order of Protection is a court order that tells one person what he/she cannot do to another person, or what contact is allowed. Sometimes an Order of Protection is also called a restraining order.
These are orders to stop specific acts against everyone named in the restraining order as a protected person. Some of the things that the restrained person can be ordered to stop are: Contacting, calling, or sending any messages (including e-mail);
If you or your children are subjected to physical abuse, sexual abuse, harassment, violence, threat of kidnapping, stalking, or certain other criminal acts, you can seek an order of protection from the court. Violation of an order of protection by the accused person can result in an arrest and possible incarceration.
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.