When someone experiences domestic violence or harassment, a New York Family Court may issue an Order of Protection to keep them safe from their abuser. An Order of Protection is a legal document that outlines specific conditions that the abuser must follow to avoid further contact with the victim. The duration and length of these orders vary based on the severity of the situation and other factors. Understanding the potential duration and length of NY Family Court Orders of Protection can help victims protect themselves and plan for their future.
This Eastcoastlaws.com article will explore the various types of Orders of Protection available in New York, the factors that impact their duration, and the steps that victims can take to extend or modify their orders.
What Is A Family Offense In NY?
In New York, a family offense is a specific type of criminal offense that occurs between family members or individuals in an intimate relationship. Family offenses can include a wide range of behaviors, such as domestic violence, harassment, stalking, sexual abuse, and other forms of abuse or neglect.
Family offenses are taken very seriously by the courts in New York, and victims of these crimes may seek protection through various legal means. One of the most common legal remedies available to victims of family offenses is an Order of Protection, which is a court-issued document that requires the abuser to refrain from certain behaviors, such as contacting the victim or coming within a certain distance of them.
To obtain an Order of Protection, the victim must file a petition in the family court, outlining the details of the family offense and the harm that they have suffered. The court will then consider the petition and may issue an Order of Protection if it determines that the victim is in danger.
It’s important to note that family offenses can be both criminal and civil offenses. Criminal family offenses are prosecuted by the District Attorney’s office, while civil family offenses are handled in the family court. Regardless of the type of offense, victims of family offenses have legal options available to them to protect themselves and seek justice.
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- FILING AN ORDER OF PROTECTION NYC – HOW TO GET PROTECTION
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Potential Duration And Length Of NY Family Court Orders Of Protection
Orders of protection issued by the New York Family Court are not all the same. Some are blanket “stay away” orders, while others are more restrictive. Others have time-specific end dates after a speedy resolution while some last for months before a resolution. Your New York City Family Court attorney or New York Order of Protection attorney can explain the potential time frame. The law sets the parameters, no matter how long the duration may be.
Typically, the Family Court will issue a protection order following a trial that lasts up to two years. This two-year period does not take into account the time you were under a temporary order of protection. That means that even if you file a petition in Family Court, the judge issues you a temporary restraining order, and you return to court twice or three times over a few months, the two-year period only begins once there has been a final resolution. The two years do not include the months you had a temporary order of protection.
An order of protection issued by a New York Family Court may, under certain conditions, be valid for up to five years. Your attorney needs to prove specific aggravating factors in order to obtain such an injunction. These consist of:
- Did the petitioner/complainant suffer a physical injury or serious physical injury as defined in the New York Penal Law?
- Did the respondent/defendant use a dangerous instrument whether or not the instrument is a per se weapon?
- Are there prior restraining orders and have they been violated by the respondent/defendant?
- Even where there are no prior violations, has the respondent/defendant committed other acts allowing the court to conclude there is both an immediate and continuing danger to the petitioner/complainant or people who reside with him or her or are family members? Although not necessary, Prior Domestic Incident reports (DIRs) would be helpful in this analysis.
In the end, if an agreement is reached between the parties, an order of protection may be issued for any period of time, be it eight months, eighteen months, or much more. The Integrated Domestic Violence Court (IDV Court) can also hear requests for restraining orders and orders of protection because the Family Court and Criminal Court can have concurrent cases involving both parties. Your order of protection might be affected by this as well.
Handling situations like this should not be done alone because there are several moving parts and logistics involved in both a petition for an order of protection and a defense against one. Get ready. Because you are not familiar with the law, do not make mistakes. To effectively secure your future, take the necessary precautions and look after yourself.