Orders of Protection in New York
According to the Office for the Prevention of Domestic Violence, New York State courts issued over 300,000 orders of protection in 2010. Sadly, in that same year, there were also 73 intimate partner homicides, a 19 percent increase from 2009.
Suffering domestic violence — or false accusations of domestic violence — is life-changing. Enduring threatening or harassing behavior from anyone is reason to seek relief from the law.
In my practice, I work with clients in real need of protection. I also see orders of protection sought against parties who have done nothing wrong in an attempt by their spouse or former spouse to gain an upper hand in a divorce or conflicted child custody case.
In New York, an order of protection is a legal document that tells someone not to do specific things. Intended to stop or prevent abuse or harassment, an order of protection can contain many provisions including:
- Stay away order. Direction to stay away from a person, their children, home, workplace, or frequently visited places.
- Refrain from order. Direction not to contact, call, write, harass, or engage in threatening behavior.
An order of protection can also advise a party to leave his or her home, give up firearms, and participate in counseling. Protective orders are issued in civil actions by Family Court and the Supreme Court. Criminal Court issues protective orders only after an arrest.
Getting protection — from an abuser, or an abusive accusation — is important. Call me if you have questions about either.