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.
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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This article is intended to give general information only about New York Law, and is not intended to provide actual legal advice. For legal advice you must have a full consultation with a licensed New York State attorney who has experience handling order of protection cases. Filing an Order of Protection in New York Family …
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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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Domestic violence is a pervasive issue that affects millions of people in the United States each year. While the severity and prevalence of domestic violence varies across the country, New York City, is one of the places that has made significant strides in addressing this problem. Domestic violence shelters in New York City offer critical …
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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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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Most orders of protection issued by New York Family Courts pursuant to family offense cases are for a period of 2 years. Sometimes an order of protection case is settled by the parties with the respondent (alleged abuser) agreeing to an order of protection without making any admission of wrongdoing. Orders of protection issued pursuant …
The New York Family Court has the power to issue temporary and final orders of protection based upon violations of certain sections of the New York Penal Code. A violation of any of these sections constitutes what is called a “family offense”, and includes such crimes as assault, menacing, stalking, malicious destruction, and others. A …
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If you have an order of protection case against you in the New York Family Court, it may be very important that you resolve this case in order to avoid potential problems with your job or, if you are not a US citizen, to avoid immigration issues. Additionally, an order of protection issued against you …
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