Queens County Bar Association
Martindale Hubbell - Distinguished 2023

What Is an Order of Protection?

In New York, an order of protection is issued by a court and it is simply an order that keeps an individual from doing something to the person that has the order of protection. The protection can take different forms.

Who Can Get An Order Of Protection In A Domestic Violence Related Case?

In a criminal case, the only person who can get an order of protection is a complainant in an actual case that involves a crime. You cannot go to a criminal court simply to get an order of protection. It is issued when someone is charged with a criminal offense, in favor of the person who is the complainant.

Is An Order Of Protection Always Issued In Any Domestic Violence Related Arrest?

Under the law, the District Attorney is supposed to state a good reason for issuing an order but in practice, whenever there is a domestic violence case, an order of protection is put into place in favor of the complainant.

What Restrictions Does An Order Of Protection Have On The Defendant?

The restrictions depend on the type of order that is issued. Sometimes, the order is a limited order of protection. That simply means that the defendant can’t assault or harass the other person. The more typical order of protection that is issued in a criminal case is a full order of protection, which means that, in addition to not harming the person, you have to stay away from them. Often, they will even provide a specific distance, usually 100 yards. You also cannot contact them either directly or indirectly.

Can I Be Able To Have Contact With My Children If An Order Of Protection Is In Place?

In most circumstances, the order will not include the children and arrangements can be made to see them through a third party. However, if the criminal charge includes the children in any way, then they will also be named complainants and the order will include them.

For more information on Orders Of Protection In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 793-5700 today.

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