Explaining New York’s Protective Orders

If someone is threatening, harassing, or abusing you, a restraining order can offer you an added layer of legal protection. Restraining orders (also called “orders of protection” and “protective orders”) can put restrictions on an abuser’s behavior.

Many of these restrictions are for behaviors that are already illegal. For instance, a restraining order decrees that someone cannot threaten you. If anyone threatens you at any time, that is an act of assault, and they can be arrested. However, arresting them for this single charge can take a long time, and convicting them takes even longer.

Using a protective order, you can simply accuse this person of violating the order. Penalties for this crime are less severe, but they move through the system much quicker, sending a strong message to your abuser.

Each state has its own regulations and specifications for a restraining order. In this article, we will explain the types of protective orders you can get in New York and the ways they can protect you.

Who Can Issue a Restraining Order in New York?

Restraining orders in New York can come from the family court, criminal court, or even the state’s supreme court.

If you’re suffering from domestic violence, the family court can issue an order of protection against your abuser. Domestic violence comes from relatives, intimate partners, or even housemates. You do not need to live with your abuser, and you don’t need to be currently involved with them. If they are causing problems, you can get a restraining order.

Criminal courts can also issue orders against domestic abusers. They can also handle matters of abuse from stalkers, co-workers, etc.

The New York Supreme Court can grant you a protective order when you are currently involved in a trial. This includes going through the divorce process or being actively involved in a criminal trial. You must appeal to the court for this protection, so make sure you secure the services of a good attorney to help.

How Long Do New York’s Restraining Orders Last?

A temporary protective order, often called an “emergency” protective order, can be requested and issued on the same day. You can get these orders on nights and weekends. Your abuser cannot defend themselves against these orders. As long as the authorities believe your story, you can secure this restraining order. It lasts until your next court date, when you can request a final protective order.

The process of obtaining a final protective order is more involved. Your abuser may appear in court with a lawyer and present a defense. You and your attorney must be prepared with a strong case to justify receiving this order. A final protective order offers lasts up to five years, and it can be renewed as often as needed.

Restrictions and Rules in a New York Protective Order

The types of protection a restraining order provides depends on the type of order itself. New York offers two different orders: limited orders of protection and full orders of protection.

If it’s necessary to have some degree of contact with the other person, you can get a limited order of protection. This will be helpful if you share child custody.

When you need the other person to stay away from you completely, a full protective order can help. These orders keep your abuser from calling you, talking to you, and so on. They also keep your attacker away from your home, school, or businesses you frequent.

Our firm is here to help if you need a restraining order in New York. If you are under an immediate threat, call the authorities to secure an emergency protective order. Afterward, call us at (347) 378-1170, and we may be able to help you get a full protective order. You can also contact us online.