Domestic violence is a serious issue, with domestic violence victims often facing extreme physical, mental and emotional trauma. Victims of domestic violence in New York may file an order for protection, which is intended to prevent harassing or threatening communication or behavior. However, there are three different types of orders for protection in New York, and it is important to understand which one best applies to your situation.
A family court order for protection is issued through the civil court. A family court order for protection may be filed against a current or former spouse, a family member through blood or marriage, or the parent of a child.
It may also be filed against someone you shared an intimate relationship with. An intimate relationship does not have to be sexual. Rather, the court will examine the nature of the relationship to determine if it qualifies as an intimate relationship. Factors used when making this decision can include how long you have known the other person or how often you see each other.
A criminal court order for protection is only issued if the domestic violence perpetrator has received criminal charges relating to the domestic violence. For example, if a person is criminally charged with assault for an act of domestic violence, a criminal court order for protection may be issued by the district attorney’s office as part of bail conditions.
There are no specific relationship requirements to be met to qualify for a criminal court order for protection, other than being the victim of the criminal crime charged. The district attorney requests the order for protection from a Judge, who decides whether one will be issued.
Divorcing couples may qualify for a Supreme Court order for protection. This order for protection may require one person to move out of a home, order limited, peaceful communication only about certain topics, or contain terms related to child custody, child support or firearms.
Whether issued through the family, criminal or Supreme Court, an order of protection is vital for New York residents experiencing physically abusive or threatening behavior. Having a clear understanding of the necessary conditions and standard to be met to obtain an order for protection will improve the chances of one being granted.