Domestic Violence

Orders of Protection/Domestic Violence

WHAT IS AN ORDER OF PROTECTION?

If someone you are close to (your intimate partner or a family member) is abusing you and/or your child(ren), you can go to Court to ask for legal protection. If you do so, you will be asking a Judge to give you an order of protection. 

An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence.

You can get one in Family Court or Criminal Court. In fact, you can get one from both Family Court and Criminal Court at the same time. And if you are getting divorced, you can get one as part of your divorce case in Supreme Court.

You can go to Family Court if the person you need protection from is:
• Your spouse or your ex-spouse.
• Household members.
• The father or mother of your child(ren), even if you were never married.
• Related to you by blood, marriage or adoption (for example, your father, son, uncle or cousin).
• Someone you have an “intimate relationship” with, even if you are not related.

How Does a NY Order of Protection Work?

Essentially an Order of Protection is designed to put some space between you and your attacker. Obviously, this cannot stop them entirely – if an individual is determined to go somewhere, they will. However, with an Order of Protection, should your abuser violate the court order, it can mean significant penalties. Some of the more common elements to an order include:

  • Orders to move out of the family home;
  • Instructions to stay away from you and the rest of your family;
  • Penalties for harassing you or your family;
  • Restrictions on alcohol, drugs, or other intoxicating substances;
  • Restricted visitation rights or custody;
  • Barred from owning a firearm or weapon of any kind.

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