What protection orders can I place?

There are several types of protection orders you can place. A judge issues them to protect you from someone abusing, intimidating, harassing, threatening, or committing a crime against you. Protection orders are typically used in family violence cases, but that is not always the case. 

Types of protection orders that a New York family abuse victim can request include:

  • Temporary Order of Protection – Temporary orders are filed and issued the same day before the other person is served with papers. It is not intended to last forever, as it is supposed to help those who face potential harm and threat for the time being. These types of orders stay until the next court date. If an extension is needed, an attorney can help with this.
  • Limited Order of Protection – A named subject of the order can keep in contact with the domestic violence victim, but they cannot abuse, threaten or harass them.
  • Full Order of Protection – The named subject must stay away from the domestic violence victim, their job, home, and school. They must not continue to harass, threaten or abuse them.
  • Final Order of Protection – Once a New York judge determines a family offense, the convicted individual must abide by the rules of the final order of protection. The final order can last two or five years. The order can include restitution, medical expenses, and participation in a program, such as a drug and alcohol recovery program. 
  • Family Court Order of Protection – Can be issued as part of a civil proceeding to stop domestic violence within a family or in an intimate relationship. A family offense petition will need to be filed, which an experienced new york protection order attorney can do on your behalf.

A family court order of protection can:

  • Require the payment of child/spousal support.
  • Give custody of children to a petitioner.
  • Require a respondent to pay medical expenses.
  • Require a respondent to attend an abusive partner intervention program.
  • Make visitation provisions.
  • Require the payment of the petitioner’s legal costs.
  • Place a respondent under probation. 
  • Criminal Court Order of Protection – Can be requested by an Assistant District Attorney. No direct relationship with the charged individual is required.
  • Supreme Court Order of Protection – Can be granted during an ongoing criminal or divorce proceeding. An attorney can request filing a Motion, Order to Show Cause, or through a court appearance.

Any order of protection can order an individual to: 

  • Allow a protected person to end a lease;
  • Relinquish firearms;
  • Not commit harmful acts; 
  • Allow the alleged person to return to their residence with law enforcement to obtain their belongings;
  • Stay away from the protected person or children, such as not visiting their work or school;
  • Return essential documents to the protected party.

You cannot serve an order of protection. Papers are served in court if the defendant is present. If the defendant is not present in court, the New York City Sheriff’s Office serves a Family or Supreme Court order of protection. You receive a notice of service if it is delivered. If it is not delivered, you receive a statement indicating all times and attempts made to serve the order.

If a sheriff is not available, the NYPD can help you. Go to the defendant’s home precinct and ask. You can have another person you know serve the papers, provided they are over 18 years old and not a party to your case. The person serving the documents must complete an Affidavit of Service, get it notarized, and file it with the court quickly. The affidavit must go to court when you return, or the case may be dismissed or delayed.

An important thing to note is that an order of protection does not guarantee your safety. It’s best to create an effective plan with an attorney at the Brill Legal Group. We will review your circumstances and help you file the necessary papers to protect you.

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