This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.
New York Protective Order - Civil Trial
State:
Multi-State
Control #:
US-PI-0048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Protective Order - Civil Trial?
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FAQ
In New York, an ?order of protection? is a legal term that refers to a protective order, commonly referred to as a restraining order, issued by the court as a means to help keep a person safe from further abuse or other harm or harassment.
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.
In order to fight an order of protection, you must go to court with evidence that the order is not warranted. For example, if you can prove that the accuser lied about the incident on which the order is based, then the judge may be inclined to vacate the order.
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. A final order of protection from Criminal Court can last up to 8 years depending on the matter or what crime is committed.
§ 3103. Protective orders. (a) Prevention of abuse. The court may at any time on its own initiative, or on motion of any party or of any person from whom or about whom discovery is sought, make a protective order denying, limiting, conditioning or regulating the use of any disclosure device.
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.