Many relationships experience the impact of domestic violence. If you find yourself in a situation where you need protection from an abusive partner or family member in New York, you can obtain an order of protection from the court.
Knowing what to do in this situation can help you stay safe and find a way out of an abusive marriage.
Contact the police
If you are in immediate danger, call 911. The police play an important role in ensuring your safety. When they respond to a domestic violence incident, they can help assess the situation, document evidence and guide you on the next steps.
Visit Family Court
To obtain an Order of Protection, you will need to go to the Family Court in your county. The court staff can provide you with the necessary forms and assist you in filling them out. Make sure to bring any relevant information about the abusive incidents, such as dates, times and descriptions of exactly what happened. You can also bring evidence such as text messages, emails, photos and videos that support your claims.
Complete the petition
Next, you will complete the petition for an Order of Protection. Be detailed and specific about the incidents of abuse, including any threats made against you. Providing accurate information allowed the judge to understand the severity of the situation so you can get the protection you need.
Appear in court
After you file the petition, the court will schedule a hearing in court that is mandatory for you to attend in person. Be prepared to share your experiences and explain why you need an Order of Protection. The judge will consider your testimony as well as the other person’s testimony when deciding whether to issue this type of court order.
Make sure to bring any evidence, witnesses or documents that support your request for an Order of Protection. The judge will evaluate the evidence and make a decision based on the information presented.
In urgent cases, the court may issue a Temporary Order of Protection before the full hearing. This legal document provides immediate relief and ensures your safety until a more thorough examination can take place.
Follow the court order
If the court grants the Order of Protection, law enforcement must officially serve it to the other party. The officer can provide proper service to ensure that the person knows the restrictions in the document.
The National Institutes of Health report that 10 million people experience domestic violence in the U.S. each year. Seeking an Order of Protection is an important step to ensuring your safety. If you or someone you know is experiencing domestic violence, reach out to local resources and law enforcement for support and guidance.
