When someone feels unsafe because of abuse at home, New York law has a way to help. One important way the court helps protect people is with something called an Order of Protection. These orders can keep someone away from you if they are hurting you or making you feel scared. In domestic violence cases, these orders can play a very important role. They are used to keep you and your family safe. Many people in this situation feel confused or afraid. That is why it is helpful to understand how these orders work, who can get them, and what happens if they are broken.
What Is an Order of Protection
An Order of Protection is a court paper that tells someone to stop doing certain things. It can say that a person must stay away from your home, your job, your children’s school, or from you in general. It can also say they are not allowed to call you, text you, or talk to you on social media. In many cases, the court will give this order when someone is being hurt by someone they live with, like a spouse, a partner, or a family member. These orders are made to prevent more harm and give people time to get help and feel safe.
There are different types of Orders of Protection. A temporary order can be given quickly and lasts until the court holds a full hearing. After the hearing, the judge may give a final order, which can last for a longer time. How long it lasts depends on what the judge thinks is necessary to keep the person safe. Sometimes the order lasts for one year, but it can be longer if there is serious danger.
Who Can Ask for an Order of Protection
In New York, people can ask for an Order of Protection through different courts, depending on their situation. If the abuse is from someone you have a family relationship with, you can go to Family Court. This includes a current or former spouse, someone you share a child with, or someone you are related to by blood or marriage. You do not need to live with the person to ask the court for help.
You can also get an order from Criminal Court if the person who hurt you has been arrested. In that case, the district attorney will ask the court to give you protection as part of the criminal case. Sometimes, a person can have orders from both Family Court and Criminal Court at the same time. There is also something called Integrated Domestic Violence Court. This court handles cases where there is a family and criminal matter happening at the same time with the same people.
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What Happens When You Go to Court
When you go to court to ask for an Order of Protection, the judge will listen to your story. You may need to explain what the other person did and why you are afraid. You can bring proof if you have it, like photos, messages, or reports from the police. You can also bring someone with you to support you, or a lawyer can help you talk to the judge.
If the judge believes you are in danger, they will give a temporary Order of Protection right away. This temporary order can begin helping you that same day. Later, the court will schedule a hearing, and both sides will have a chance to speak. The judge will then decide whether to give a final order. If the person you are asking for protection from does not come to court, the judge can still give the final order.
What an Order of Protection Can Do
The court can make different rules depending on what you need. Sometimes, the order will say the other person cannot come near you at all. This is called a “stay away” order. Other times, the order may allow some contact but say the person cannot hurt, threaten, or bother you. This is called a “refrain from” order. The judge decides what kind of protection you need based on your situation.
The order can also include rules about children. It can say who can see the kids and when. It might give one parent custody or make sure visits happen in a safe place. The order can also help you stay in your home or get back belongings if you had to leave.
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What Happens if the Order Is Broken
If someone breaks an Order of Protection, that is a serious problem. It is against the law to go against a court order. You can call the police if the person does not follow the order. The person can be arrested and charged with a new crime. The judge may also give a stronger order or add more time to the order. In some cases, breaking the order can lead to jail time.
It is important to keep a copy of your order with you. You can also give a copy to your child’s school, your job, or anyone else who helps you stay safe. If the person tries to contact you, keep track of what they say and when. This can help the court take action if needed.
Why Orders of Protection Matter in Domestic Violence Cases
When people are hurt by someone they know and trust, it can be hard to know what to do. Many victims feel scared, confused, and alone. An Order of Protection is one way the law tries to help. It gives clear rules to the person causing harm and gives power back to the person who was hurt. It shows that what happened to you matters, and that the court wants to help keep you safe.
These orders are not always perfect. They cannot stop every danger, and some people still try to hurt others even with an order in place. But many people feel safer knowing they have legal protection. It can also be a first step toward leaving a bad situation and getting help.
How a Lawyer Can Help
Going to court can feel overwhelming, especially if you are afraid of the other person. A lawyer can help explain your rights and speak for you in court. They can help gather proof, fill out the paperwork, and ask the judge for the kind of protection you need. If you are also involved in a criminal or divorce case, a lawyer can help with those things too. They understand how the courts work and can help you feel more confident in your case.
Even though you do not need a lawyer to ask for an Order of Protection, having one on your side can make a big difference. They can help protect your safety, your home, and your children.
Getting Support and Moving Forward
No one should have to live in fear. If you are facing domestic violence, there are people who care and want to help. Besides the courts, there are many groups in New York that offer support, housing, and counseling. You are not alone, and you do not have to stay in an unsafe situation.
An Order of Protection can be a lifeline. It sets clear rules and lets you take control of your safety. It also sends a message that hurting someone is never okay. The legal system is not always easy to understand, but it is there to protect you.
If you or someone you know is going through domestic violence and needs help with an Order of Protection in New York, reach out for legal support. At Mahserjian & Mahserjian-Ortiz, PLLC, we are ready to listen and help guide you. You deserve to feel safe, and we are here to help you take the next step.
