This form is a Stipulated Protective Order usable in cases with claims regarding licensing, patents, or commercial trade secrets.
Bronx New York Stipulated Protective Order
State:
Multi-State
County:
Bronx
Control #:
US-TS11039
Format:
Word;
PDF;
Rich Text
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FAQ
An order of protection can remain on your record in New York for several years. Typically, the record does not automatically disappear after the order expires. A Bronx New York Stipulated Protective Order can impact your future legal matters, so it is essential to understand how it affects your record and seek legal advice when needed.
A violation of an Order of Protection can result in a Violation Petition of an Order of Protection in the Family Court or an arrest for criminal contempt of a court order as follows: Criminal contempt in the second degree: This Class A misdemeanor applies when you intentionally disobey a court order.
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.
Violation of an Order of Protection It is a crime called criminal contempt to disobey a temporary or final Order of Protection. This is called a violation of the Order of Protection. Depending on the facts, an abuser can go to jail for up to 7 years if convicted of criminal contempt.
Failure to comply with an order of protection in New York can result in imprisonment and fines. The penalty depends on the severity of the violation. As all orders of protection are court orders, a violation can lead to a new charge of criminal contempt of court.
If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years.
The person who requested the Order cannot change the Order or make it meaningless by allowing the Defendant to have contact. 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.
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.
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.
If the person that requested the Order of Protection wants to change or drop it, she or he should speak to the Assistant DA, if it is a misdemeanor or felony case. In other cases, the person can come to City Court and ask the Judge.