Order of Protection in New York

In the state of New York, if someone threatens to harm you, the court may be able to issue a document known as an Order of Protection to help you. An Order of Protection is also sometimes called a “restraining order.”
What Is An Order of Protection?
An Order of Protection can prohibit the person who is threatening you from going to your home, visiting your place of employment, or showing up at your children’s school. An Order of Protection can also forbid the person from making any contact with you or your children via email, phone, text, or by any other electronic means.
Can I Get An Order of Protection Against Anyone?
To obtain an Order of Protection in Family Court, your relationship with the other person must fall into one of the following categories: they must be a current or former spouse, someone with whom you have a child in common, a family member to whom you are related by blood or marriage, or someone with whom you have had an intimate relationship, or any other person who has regularly resided with you or currently resides with you.
The Order of Protection would require for the threatening individual to stop assaulting, threatening, harassing, or stalking you. If the Order of Protection is violated, the accused person can be subject to substantial penalties and consequences, including arrest or incarceration. An Order or Protection can also cover other members of your household including children and household pets where appropriate.
Although an Order of Protection does not guarantee your safety, it does provide an extra level of support by legally keeping the abuser away. If someone has harmed you, or has threatened to harm you, it is important to consult with an experienced family lawyer. The decision to get an order of protection against a household or family member is not easy.
If you think an Order of Protection or some other immediate type of legal action is what you need, the lawyers at Kommer Bave & Ollman LLP can advise and defend you during this difficult time.