Domestic violence, whether public or behind closed doors, affects many individuals and families. Experiencing abuse may seem like a hopeless situation, but you must know that there are ways to protect yourself and your loved ones. One effective method is obtaining a protective order.
Family court orders of protection
Family Court Orders of Protection are available to those related by blood, married, divorced, or have a child together.
If the Family Court determines that a familyoffense has occurred, such as harassment or assault, it may issue an order of protection. This type of order may contain provisions like staying away from the victim, refraining from specific activities, and surrendering guns.
Criminal court orders of protection
Criminal Court Orders of Protection are issued when a criminal case against the abuser is pending. The District Attorney may request this injunction on behalf of the victim. These orders are often granted following an arrest and can last the entirety of the criminal proceedings. After the defendant’s conviction, the order may extend for several years. This type of order may include stay-away rules and other safeguards to protect the victim.
Supreme court orders of protection
Supreme Court Orders of Protection are frequently issued in the context of divorce proceedings. If you are going through a divorce and have experienced domestic violence, you can request an order of protection as part of your divorce proceedings. This order can provide similar safeguards to those found in Family Court and Criminal Court orders, such as stay-away clauses and contact limitations.
Obtaining a protective order in New York
You can obtain a protection order in New York by going to the Family Court, Criminal Court, or Supreme Court, depending on your case. You will need to file a petition or request an order through the proper legal processes. It is critical to present as much evidence as possible to support your claim. If you need help, consider contacting a legal advocate or attorney who specializes in domestic abuse cases. Remember that taking this step can improve your safety and well-being.