Orders Of Protection
When the court issues an order of protection, they are looking out for the safety of family members at risk of domestic violence, abuse, and/or harassment. The orders of protection Lawyer at the Law Office of Jeffrey W. Johnson has helped many victims of abuse as well as those who have been wrongfully accused of violence. If you are in need of an orders of protection lawyer, contact our firm today to talk to an attorney.
In New York, an order of protection from a court prohibits a person from taking certain actions related to another person.
A “usual terms” order of protection lists a number of such actions, including assault, menacing, harassment, threats, disorderly conduct, and various sexual offenses. A full stay away order typically prohibits a person from contacting another person in any way, including by phone, email, social media, and via a third party. The person is also prohibited from going near the other person’s home, school, or place of business.
If a person files for an order of protection against someone with whom they have a familial or intimate relationship or share a child, then they can seek an order of protection through Family Court. A Criminal or Supreme Court can issue an order of protection on behalf of the victim of an assault in a criminal case.
In a Family Court case, a temporary order of protection is typically renewed at each court date. A final order of protection can last anywhere from one day to two years, though under normal circumstances, they usually last one to two years. Under extraordinary circumstances, such as those involving a weapon, an order of protection can last for five years in Family Court. In Criminal Court, orders of protection typically last for several years, but it depends on the severity of the crime.
A Family Court judge will often issue an order of protection against a parent who is accused of neglect or abuse. Typically, this type of order would either prohibit the parent from contacting their child, or allow only court-sanctioned visitation. If the party in such a case is not a parent of the child, then there would likely be a final order of protection prohibiting the party from contacting the child until the child is 18 years of age.
Due to a development over the past few years, a person can file a petition to extend an order of protection in Family Court. This means that if a one-year order of protection was granted and the individual wants it to last longer, they can file for an extension prior to the end of that one-year period.
Violation of an order of protection is a felony in New York State, punishable by a maximum sentence of seven years in prison. In response to a violation of a Family Court order of protection, in addition to calling the police, an individual can file a violation petition in Family Court. If it is determined that the other party intentionally violated the Family Court order of protection, they can be held in contempt of court, which is punishable by a maximum of six months in prison.
In the end, an order of protection is just a piece of paper, so it certainly doesn’t prevent someone from doing harm to another person. That said, it does offer a layer of protection beyond the law itself, because it can result in a person being incarcerated based on any violation of the order.
Responding To An Order Of Protection
In response to an order of protection, a person has several options, one of which is to do nothing. This would be an option if the person has no intention of ever being around the person again. They would need to be careful not to violate the order or protection, or else they could be arrested or subject to contempt in Family Court.
If an order of protection is taken out between family members or people who have a child together, then the individual would certainly want to answer the order of protection by appearing in court and either consenting to or fighting the order of protection. People who consent usually do so without admitting any wrongdoing, and the two parties would agree on a period of time during which the order would be valid.
If the parties have a child together and the order of protection includes a stay away order that applies to the child, then the individual may want to fight the order of protection. When children are involved, these situations can become complicated, and it may be wise to hire an attorney who can negotiate for the child to not be included in the order of protection. Some orders of protection will say that it’s subject to future Family Court or Supreme Court orders that would allow the parent to file for visitation on behalf of the child.
For more information on Orders Of Protection In The State Of New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.