Domestic violence is a matter that is taken very seriously in the state of New York. When dealing with these situations, it is crucial that victims receive the protection they need. Continue reading below to learn how this is done and contact an experienced New York family law attorney for assistance.
What is a Family Court Order of Protection?
When obtaining an order of protection due to domestic violence, there are different types. This can include a family court, criminal court, or Supreme Court order of protection. A family court order of protection is issued as part of a civil proceeding. It is done to stop violence from occurring within a family or intimate relationship in order to provide protection. These proceedings are always confidential. In order to receive an order of protection in the family court, the individual’s relationship to the other person must fall under one of these categories:
- Current or former spouse
- Someone they have a child with
- A family member they are related to by blood or marriage
- Someone they are or have been in an intimate relationship with. It is important to note this does not have to be a sexual relationship.
How do I Receive an Order of Protection?
To begin a proceeding in family court, the individual must file a form called a Family Offense petition. They are known as the petitioner while the person the petition is filed against is the respondent. When filing a petition, be sure to write down as many details regarding incidents of violence as possible. This includes any situations in which a person verbally, physically, emotionally, or sexually abused them or threatened to hurt them. Descriptions of incidents can include the incident, where it occurred, what happened, if they became injured, if weapons were used, etc. In the event of verbal abuse, be sure to note the exact words that were used.
What is the Difference Between a Temporary and Final Order of Protection?
The day a person files for an order of protection, they are issued a temporary order of protection. It is important to note that it only lasts until the next time the individual is in court, but it can be extended at each court date until the case is over. A hearing takes place to determine whether or not a final order of protection should be issued. A final order of protection may be issued if the judge finds that a family offense was committed. This can last for two or five years. A final order of protection can include the following:
- Restitution
- Medical expenses due to the abuse
- Participation in a program, such as a batterer’s education program or referrals fro drug/alcohol counseling
Contact our Firm
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
