New York Order Granting Protective Order
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FAQ
The NYC Sheriff can serve Orders of Protection during their business hours. After business hours, the NYPD can help you. There is no fee for this service. Orders of Protection must be served at least 24 hours before the court date.
Any order of protection can order someone: To stay away from protected person and children and anywhere they frequent like work or school. Not to commit acts that would be harmful. To allow one party to go to residence with law enforcement to get their property. To return important documents to protected party.
You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
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.
If your former spouse, sibling or even short term girlfriend or boyfriend whom you had an intimate relationship with is harassing you or committing some other offense that violates the Family Court Act (called a family offense), you can get either a limited or full order of protection.
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.
An order of protection under Family Court Act §842 shall set forth reasonable conditions of behavior which may require the petitioner or the respondent: (a) to stay away from the home, school, business or place of employment of any other party, the other spouse, the other parent, or the child, and to stay away from any ...
