Filing An Order Of protection NYC – How To Get Protection

by ECL Writer
Filing An Order Of protection NYC

Filing for an Order of Protection in NYC can be a difficult and overwhelming process, especially if you are in a situation where you feel your safety or the safety of your loved ones is at risk. If you live in New York City, understanding the steps involved in filing for an Order of Protection can help you take the necessary legal action to protect yourself from harm.

An Order of Protection is a legal document that can be obtained through the court system to help protect individuals from harassment, abuse, or violence. It can be issued against someone who has threatened or harmed you, including family members, intimate partners, or even strangers.

In this article, Eastcoastlaws.com will provide a comprehensive guide to filing for an Order of Protection in New York City. We will cover everything from the initial steps involved in filing for an Order of Protection, to what to expect during the court process, and what to do if your Order of Protection is violated.

By the end of this article, you will have a better understanding of the steps you need to take to obtain an Order of Protection in New York City and be better prepared to take legal action to protect yourself and your loved ones.

How Does Order Of Protection Work In NY?

An order of protection is a legal document issued by a court that aims to protect a person from harm or harassment by another person. In NYC, an order of protection is also known as a restraining order. This document sets out specific rules that the person who is subject to the order must follow, and violation of the order can lead to criminal charges.

There are several types of orders of protection that are available in New York, including family court orders, criminal court orders, and orders of protection issued as part of a divorce or separation proceeding. The process for obtaining an order of protection varies depending on the circumstances of the case.

In New York, a person can seek an order of protection from either the family court or the criminal court. In family court, an order of protection can be obtained as part of a family law case, such as a divorce or child custody dispute. In criminal court, an order of protection can be obtained if a person is a victim of a crime or has reason to believe that they are in danger.

To obtain an order of protection, a person must file a petition with the court. The petition must include detailed information about the alleged abuse or harassment, including dates, times, and specific incidents. If the court finds that the person who filed the petition is in danger, it may issue a temporary order of protection, which can be in effect for up to 30 days. During this time, the person who is subject to the order may be prohibited from contacting the petitioner or coming near their home or workplace.

A hearing will be scheduled within a few weeks of the temporary order being issued, and both parties will be required to attend. At the hearing, the judge will hear evidence and determine whether to issue a final order of protection. If the judge issues a final order of protection, it may be in effect for up to two years.

Violation of an order of protection is a serious offense in New York and can result in criminal charges. If a person violates an order of protection, they may be arrested and charged with a misdemeanor or felony, depending on the circumstances of the violation.

In conclusion, an order of protection is a legal tool that can be used to protect a person from harm or harassment by another person. In New York, there are several types of orders of protection available, and the process for obtaining one varies depending on the circumstances of the case. If you are in danger or feel that you need protection, it is important to seek legal advice from a qualified attorney who can help guide you through the process of obtaining an order of protection.

Filing An Order Of Protection NYC

Filing an Order of Protection in New York City (NYC) is a legal process that helps protect victims of domestic violence, harassment, or stalking from their abusers. Here are the steps you need to follow to file an Order of Protection in NYC:

Go to court to file the petition

You can file your petition in family court in the county where you or the abuser resides, or where one of the family offenses (acts) that are the subject of your petition occurred. You might not want to file your petition in the county where you are living, however, if you are residing in a domestic violence shelter or other private location that is located in a different county from the one where the abuser resides and where the violence occurred. If you do, the abuser will probably discover that you filed in that county since you reside there, and it might be simpler for the abuser to locate you if they are aware of your county of residence. NY State has an Address Confidentiality Program (“ACP”), which helps a victim who registers with the program to keep his/her address confidential when filing court petitions.

For the judge to question you and issue an ex parte temporary order, you may be able to file your petition electronically (at a nearby family justice center or other organization), depending on where you live. This electronic filing and first appearance is intended to help victims for whom appearing in court to request an ex parte order would be too difficult or dangerous.

You might want to bring the police report to the court if the incident was reported to the police. Do not forget to carry identification with a picture, such as a driver’s license. At the courthouse, ask the clerk for the forms that you need to file. On our NY Download Court Forms page, you can also discover links to online court forms. (See NY Fam Ct Act § 153-c)

Fill out the forms

The petition you submit to the family court asking for an order of protection is known as a “family offense petition.” Fill out the petition completely. The abuser will be the “Respondent,” and you will be the “Petitioner.” On the initial court date, commonly referred to as the “intake date,” many judges will automatically issue an immediate interim ex parte order of protection. Before issuing a temporary injunction or protection, the judge may alternatively just issue a summons to the opposing party. You should speak up and request a temporary order if you believe you need one right away to protect yourself.

Ask questions if you don’t understand anything while you read the petition for an order of protection. Explain in fully the harm or threats you received from the abuser (respondent). Describe where and when the threats or abuse took place. Often, you’ll be requested to provide information on both recent and earlier violent episodes. It is crucial to describe the abuse in detail—using words like “slapping,” “striking,” “grabbing,” “threatening,” and “strangling”—as well as the dates of the episodes and, if possible, the precise language used by the abuser to make threats. For instance, it would be more informative to the judge to explain what happened rather than simply state that “the Respondent physically abused me and I got hurt,” such as “the Respondent hit me in the face approximately 3 times with a closed fist, causing me to get a black eye that lasted for a week.”

Before showing the form to a clerk, do not sign it. The document may need to be signed in front of a judge or a notary public. The court ought to offer a mechanism for you to keep your address private if you don’t want to include it on the forms. Make sure to let the clerk know about this. Signing up for NY State’s Address Confidentiality Program (or “ACP”) may be another option. A victim who enrolls in the ACP is able to keep his or her address private when submitting court applications. All correspondence is transmitted to the ACP, who will then deliver it to your real (private) address.

A judge will review your petition

Bring your petition to the court clerk after it is fully completed. The clerk will present it to the judge, who will decide whether to issue an arrest warrant or a summons calling the abuser to appear in court on a specific day. There are two ways to get a final order of protection. The case going to trial is the first likelihood. Both you and the abuser will have a chance to be heard (through testimony) and either party may provide evidence to support their case at a trial or hearing. Having heard the evidence, the judge would then reach a conclusion. The judge must “find” that aggravating circumstances existed in order to grant a five-year order of protection. The second possibility is that you and the abuser reach a settlement or agreement in which the abuser agrees to the abuser being the subject of a final order of protection against you.

Because the responder can typically consent to the order of protection without acknowledging any fault, an order of protection issued “on consent,” as it may be called, is typically only granted for a period of up to two years. You can request a trial and attempt to obtain a five-year order if you think you can demonstrate “aggravating circumstances” and you are ready to go through the trial process rather than agreeing to obtain an order on the consent that would only last up to two years. (NY Fam Ct Act § 842(j))

Service of process

You’ll receive instructions from the court on how to serve the abuser with the summons, petition, and order of protection. You should also be informed by the court that you have the option of having the summons, petition, and order served by the police department. You can also use the sheriff’s office in many counties in place of the police force; contact your local sheriff’s office for information on hours of operation and whether there is a cost.

The state of New York offers an Order of Protection Notification System that enables you to be informed when police enforcement serves your family court order of protection to the abuser via email, text, iPhone/iPad app, telephone, fax, or web inquiry.

Because an order of protection does not become effective (becomes legitimate) until it is delivered, proper service of process is crucial. Also, as the respondent has the right to attend the subsequent court hearing, notice of the court date must be given to the respondent (the abuser). Please keep in mind that the person you choose to serve the documents on must be at least 18 years old if you choose to use a friend, relative, or process server. You cannot personally serve the court papers if you are a “party” to the case. According to the legislation, the police must assist with service and make additional attempts to locate the respondent if they are unsuccessful on the first try.

It is crucial that whoever serves the court papers fills out the affidavit of service that the court will provide for you, and that you bring the signed document to court with you on your next scheduled court appearance. Even if the responder fails to appear in court, this will serve as proof that they were served. The respondent’s time and date of service as well as other identifying details about him or her, such as physical description, are typically requested in the affidavit of service.

The service affidavit needs to be notarized. The affirmation of service, which does not need to be notarized, will typically be filled out by the police or sheriff if you are utilizing them to serve the papers. Consult your local court clerk if you’re unsure about whether the form needs to be notarized.

It is crucial that you appear at every court date. If you learn that you will be unable to attend, get in touch with the court clerk right away and inquire about how to obtain a “continuance” or an “adjournment” for a future court date. The judge may dismiss your case if you fail to appear, and any interim orders of protection will expire.

The court case will go to a hearing if it is not resolved (trial). You will have the opportunity to testify in court about the harassment and abuse you have endured, as well as to introduce witnesses and any supporting documentation, at the hearing. The abuser will be permitted to act similarly. Before the hearing, if you are not being represented by an attorney, you might wish to speak with one to see what kinds of materials are lawfully acceptable in court.

The court may issue a “default judgment” and you can be granted a restraining order against the abuser if they fail to show up for the hearing. An “inquest,” or one-sided trial where you present your facts and testimony and the judge determines the matter solely on that basis, may be conducted by the judge. In addition, the court can decide to move the hearing to a different day.

A new temporary order of protection that is valid until the next court date may be issued if your current one expires on the next scheduled court date. Before each court appearance, be important to check the order’s expiration date to see whether the judge should issue another temporary order of protection when you return for your next court appearance. Ask the judge if a fresh order is being made on your behalf if the judge does not state that the order of protection is being extended or continued. If you prevail after the hearing or trial, the judge will issue a final order of protection.

Resources To Order Of Protection In NYC

Here are some website links and resources for filing an Order of Protection in NYC:

  • The NYC Family Court website: The NYC Family Court website provides information about the process of filing for an Order of Protection, including the necessary forms and instructions. You can find more information at: https://www.nycourts.gov/COURTS/nyc/family/protectionorders.shtml
  • Safe Horizon: Safe Horizon is an organization that provides assistance to victims of domestic violence, including help with filing for an Order of Protection. They also offer counseling and support services. You can find more information at: https://www.safehorizon.org/get-help/orders-of-protection/
  • NYC Mayor’s Office to End Domestic and Gender-Based Violence: The Mayor’s Office to End Domestic and Gender-Based Violence provides resources and support for victims of domestic violence, including information about filing for an Order of Protection. You can find more information at: https://www1.nyc.gov/site/ocdv/get-help/orders-of-protection.page
  • New York State Unified Court System: The New York State Unified Court System website provides information about the legal process for filing for an Order of Protection, including the forms and instructions. You can find more information at: https://www.nycourts.gov/courts/nyc/family/protectionorders.shtml
  • The New York State Office for the Prevention of Domestic Violence: The New York State Office for the Prevention of Domestic Violence provides resources and support for victims of domestic violence, including information about filing for an Order of Protection. You can find more information at: https://www.opdv.ny.gov/help/orderofprotection.html

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