In New York, an order of protection, also referred to as a restraining order, requires an individual to stay away from another person and, in some cases, may also bar that individual from attempting to make contact in other ways, including phone calls and emails. If you have children with the individual you wish to file an order of protection against, the court may allow for some exceptions, so that parent can continue visitation with the children.
How Can I Obtain an Order of Protection?
When seeking an order of protection through family court, you must have a specific type of relationship with the individual you are pursuing the order against.
To qualify, the individual must be:
- A former or current spouse
- Related to you by blood or marriage
- Someone with whom you share a child
- A former or current partner
Additionally, you must prove that the individual committed certain crimes against, such as physical or sexual assault. When you begin the process of seeking an order of protection, the court may issue a temporary order of protection, even without any proof that the individual is a threat to your safety.
How Long Will the Order of Protection Last?
The temporary order of protection may expire during your case and it can be renewed as it continues. If a judge grants you a permanent order of protection, it generally lasts for one year. However, under certain circumstances, it can potentially last as long as five years. If you wish to extend the order of protection, you must do so before its expiration date and prove that it is still necessary.
If you received an order of protection through criminal court, you cannot make changes to it through family court. If the order was issued through family court, you or the other individual can ask the court to make changes to it.
Reach Out to Our Experienced Family Law Team Today!
If you are in an abusive situation or living under the threat of violence, you need a skilled legal advocate on your side to help you obtain an order or protection that will secure your safety. At Simon Law Group, PLLC, our team has the experience and insight necessary to guide you throughout the process of applying for an order of protection and will treat your case with the compassion, care, and attention it deserves. We understand how difficult this situation can be and will provide the support you need to feel safe.
Get started on your case today and reach out to our law office at (631) 237-9525 to set up a free initial case review with our knowledgeable family law attorney to discuss the details of your case. You do not have to go through this on your own.