An order of protection is also known as a restraining order. These orders are mostly issued in domestic disputes. An order of protection bans one party from interfering or contacting another party. These orders are also issued in cases of spousal abuse. Protective orders are given as a temporary solution as the courts investigate issues of harassment or violence. A protective order can be granted without the offended party present. This is legally referred to as ex parte. The courts would give such an order if the party applying is in imminent danger or is receiving medical treatment.
If you have been a victim of violence, abuse or threats, it is important to get a restraining order. Due to the imminent danger, it is wise to consult with an order of protection lawyer. There are laws and guidelines surrounding these orders. Depending on the nature of the abuse or threats, you can file a petition in Family Court, Criminal Court or the Supreme Court. A lawyer will advise you based on the merits of your case.
Family court restraining order
An order of protection in family court is issued in civil proceedings. The order serves to stop violence in a domestic and intimate relationship. You should not shy away from going to family court to get a restraining order because these proceedings are confidential. For a family court to grant an order of protection, the petitioner must satisfy the following requirements:
1. Be a current or ex-spouse.
2. Someone you have a child with.
3. Someone you have been involved with intimately. This is not restricted to sexual relationships. It can also be someone you interact with often or someone you have known for a long period of time. Once the petition is filed, the courts will determine whether the relationship can be termed as intimate.
A petition for a restraining order begins by filing a family offense petition form. The party filing is referred to as the” petitioner,” and the person you are filing against is addressed in court as the “respondent.” A family lawyer can guide you through the process.
Criminal court restraining order
It is important to note that a criminal order of protection can only be granted against a party charged with a criminal offense. This order is issued as part of the conditions to their release or if bail is granted. In New York, criminal cases are prosecuted by the office of the district attorney. Criminal investigations may begin before a person is arrested. However, a criminal case starts after the offender is arrested. For a criminal order or protection to be issued, a relationship between the complaining witness and the defendant is not a requirement. In such cases, the judge determines the terms and conditions to be included in the order of protection.
Supreme Court restraining order
An order of protection by the Supreme Court is issued in a divorce proceeding. If you have filed a divorce case and the proceedings are ongoing, you can request a restraining order. It is best to work with an attorney who will submit a written or oral request and give the reasons for your petition. The judges will hear the motion and decide the terms of the order.
The need for an order of protection lawyer
If you are under threat or have been a victim of violence, you need a restraining order against the person harassing you. If the threats are verbal, for instance, you need to provide evidence to warrant such an order. A lawyer can help you submit a strong case and help you obtain the order much faster.