ORDER OF PROTECTION ARTICLES

Many order of protection cases are filed every day in the Family Courts of New York City.  Orders of protectiion are also known as restraining orders, and can be issued by the criminal court, the Supreme Court, as part of a divorce, and by the  family court.

In order to obtain an order of protection the petitioner must prove that the respondent committed one or more “family offenses”. These family offenses are certain crimes that are lsited in both the Penal Law and the Family Court Act.  They include stalking, assault, attempted assault, harassment, strangulation and obstruction of breathing, meanacing, malicious mischief, disorderly conduct, and others. Although the petitioner has to prove that the respondent committed a crime, he or she does not have to prove this beyond a reasonable doubt, but merely that it is more likely than not that the petitioner committed a crime.

If an order of protection is granted, it goes on record in a central registry in Albany. This registry can be accessed by the police and other law enforcement, by the department of probabition, and by the courts.

Many of these cases involve orders of protection filed on behalf of a child. Many cases are filed by pro se petitioners who may not know how to prepare an order of protection case for trial in Family Court . A pro se litigant has to understand the law and how it is applied to various murky crimes such as harassment.

However, many orders of protection are  settled without a trial. 
Final Orders of protection can have a profound effect on people, which include negative immigration consequences, difficulties obtaining employment, and can impact the courts’ decisions on cases involving custody or visitation.

Final orders of protection can  be issued for up to five years in certain circumstances, where “aggravating circumstances are found” to exist.

fortunately there are  numerous resources which are available to help victims of domestic violence,  which includes counseling, assitance with housing, and also includes  special confidential domestic violence shelters.

Can Courts Of Other States Enforce NYS Orders Of Protection?

Orders of protection are legal documents intended to protect victims of abuse or harassment from further harm. They can be issued by both criminal and family courts, and typically prohibit the respondent from having any contact with the petitioner, including physical proximity, phone calls, emails, and social media interactions. In some cases, they may also …

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How To Try An Order Of Protection Case In NY Family Court

An order of protection, also known as a restraining order , or “protection order”, is a court order that is intended to protect someone from harm,  danger of harm, or harassment by another person. In New York, family courts have jurisdiction over cases of domestic violence, including orders of protection. This article will provide guidance for petitioners …

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Outcomes And Impacts Of Orders Of Protection From NY Family Courts

Orders of protection, also known as restraining orders, are a crucial tool used in New York’s Family Court to protect individuals and families from domestic violence, abuse, neglect, and other forms of harm. These legal documents have a significant impact on the safety and well-being of individuals and children involved in family disputes, and can …

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Top Resources In NY And NYC For Victims Of Domestic Violence

Domestic violence is a devastating issue that affects individuals and families in all communities, including those in New York State and New York City. It can take many forms, including physical, sexual, verbal, or emotional abuse, and is used to control and intimidate a partner. Victims of domestic violence often feel trapped, isolated, and afraid, …

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