Home >> United States & Canada >> Courts & Laws  Email  Print Orders of Protection in New York Todd Spodek, Esq. - 12/27/2009 An Order of Protection (“OOP”) is a Court Order which directs a specific individual from taking specific actions in reference to another individual. It deals with contact between people. An Order of Protection can be obtained in either Family Court, Criminal Court or Supreme Court.
CRIMINAL COURT OOP:
To obtain a OOP in Criminal Court, a criminal case has to be brought against the individual. The victim/accuser would be the complaining witness and the local District Attorneys office would prosecute the case. In criminal court there is no relationship requirement to an OOP. Anyone can obtain an OOP against another individual. The commence a criminal case against someone you can go to the local police precinct, district attorneys office or criminal court and file a complaint. Once the Defendant is arrested, at his/her arraignment the Judge can order a Temporary Order of Protection untill the next Court date.
Generally criminal court OOP last for two years. misdemeanors can last for up to 5 years and Felonies for up to 8 years.
FAMILY COURT OOP:
To obtain an OOP in Family Court, you have to be related to the accused in one of the following ways:
1. A current or former spouse
2. Have a child in common
3. Another family member that you are related to by blood or marriage
4. An intimate relationship (This can be casual/social relationship. This is a fact specific analysis.
Further, you have to allege that one of the following “family offenses” against you:
1. Disorderly Conduct
2. Harassment
3. Aggravated Harassment
4. Stalking
5. Reckless Endangerment
6. Assault
7. Attempted Assault
8. Criminal Mischief
You can obtain a Temporary Order of Protection from Family Court. The Judge must believe that you are in immediate danger. This will last untill you have a full court hearing in which the Judge will decide if a Final Order of Protection is necessary. A case is started when the Petitioner (accuser) files a Petition in the Family Court. The Petition is a written request that the Court take action. The Petition will tell the Court who the parties are and what specific action the Petitioner wants.
A Family Court OOP lasts for 2 years and 5 years if aggravating circumstances are found. Aggravating circumstances include physical injury or serious physical injury, the use of a dangerous instrument (including a weapon), a history of repeated violations of prior orders of protection by the abuser, prior convictions for crimes against you by the abuser, the exposure of any family or household member to physical injury by the abuser and prior incidents and behaviors of the abuser that make the judge believe the abuser is an immediate and ongoing danger to you or any member of your family or household.
Also, there can be simultaneously Orders of Protection from both the Family Court and criminal Court.
SUPREME COURT: OOP
Civil Supreme Court OOP:
This can be obtained if you are in the middle of a divorce. You can obtain one anytime before the trial or final settlement. This is a civil court and thus the burden of proof is preponderance of the evidence.
Criminal Supreme Court – Integrated Domestic Violence (“IDV”):
The IDV Courts use one Judge to hear all of the relevant matters before them. They can deal with the criminal case, the family law case, and divorce case. The judge can make all of the decisions for one family about Orders of Protection, custody, divorce, and criminal punishment. Court staff include a Victim Advocate, a Resource Coordinator, and a Children’s Coordinator.
Orders of Protection can contain may various restrictions. Common restrictions are as follows:
* Full or Stay Away OOP – This means that the accused can not have any contact with the accuser. You must stay away from their home, job, etc. The accused may also be required to stay way from the accuser’s children.
* Full or Stay Away from Joint Home – This means that the accused has to stay away from the home of the accuser. This is even if your name is on the lease and you pay rent there.
* Limited OOP – This means that you can not harass, abuse, or threaten the accuser whatsoever. You can have contact with the accuser though.
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