Nassau New York Temporary Order of Protection - Integrated Domestic Violence

State:
New York
County:
Nassau
Control #:
NY-GF-5-IDV
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PDF
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This is an official form from the New York State Unified Court System, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.

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FAQ

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

When you apply for an order of protection (usually in family court), the judge can issue a temporary order of protection if s/he believes there is ?good cause? to do so. The temporary order usually lasts until you can have a full court hearing, which may not happen for many court dates.

Those facing domestic violence should call 702-455-1500, Monday through Friday from 8 a.m. to 4 p.m., to get a TPO facilitated by phone.

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.

How Do I Serve the Petition and Temporary Order of Protection? The summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Any person over eighteen years old, except you, may serve these papers.

There are no fees to file a petition for an order of protection.

? Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days.

In New York, a temporary order of protection can be renewed for as long as the case lasts. If warranted, the judge has the option to replace it with a permanent order of protection once the case concludes. The order typically remains in effect for a year. In some circumstances, it can last up to five years.

First you would file a family offense petition with the Family Court clerk. An advocate can guide you through this process, but you can also file alone. After filing the family offense petition, a judge will ask to speak to you. If there is good cause, the judge will issue a temporary order of protection.

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More info

A victim can seek both Family Court and Criminal orders of protection at the same time. In. Family Court, petition clerks may prepare petitions in custody, visitation, family offense, paternity, guardianship, and support cases.Free Consultation - Call 800.696. Orders of Protection. The Police Response to Domestic Violence. The New York State Judicial Committee on Women in the Courts. Lawyer's Manual on Domestic Violence. The official home page of the New York State Unified Court System. Nassau County 1988). Closed Saturday, Sunday and Holidays.

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Nassau New York Temporary Order of Protection - Integrated Domestic Violence