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Get the information you need on your order of protection.
If you are facing a domestic violence issue and need to get an order of protection, there are several things you can do. You may be able to get a temporary or permanent order of protection.
A temporary order is made when someone files for it by filling out the necessary forms and submitting them to the court clerk’s office before going to court on their case. This type of order lasts until the matter has been resolved in court, at which point it expires automatically if no new complaint has been filed against them (or vice versa).
A permanent one is permanent; once issued, it cannot be canceled unless both parties agree that they want this action retaken at another time during their relationship cycle (i.e., marriage).
Contact the court and request an emergency order of protection hearing.
Contact the court to request a hearing if you want an emergency protection order. You will need to give them specific details about the incident that caused your request for an emergency order.
New York has two types of orders: temporary and permanent. An interim order is good for up to 60 days; if it does not end by then, another step must be taken before another hearing can occur (usually through mediation). A permanent order lasts indefinitely unless it is revoked or modified by further proceedings in court.
Get a lawyer.
The first thing you’ll need to do is get a lawyer. This is the most crucial step because it will help ensure that your order of protection is valid and enforceable in court.
Make sure you have a sound reason for getting a temporary protection order.
The purpose of an order of protection is to protect you and your family from abuse. If a court grants one, the other person is prohibited from coming near or contacting the people listed in the order.
It would help if you always had a good reason for getting an order of protection because there are many reasons why a judge may not issue one:
Make sure you show up for your service in family court.
The most important part of getting an order of protection in New York is showing up for your service. If you show up, you will be penalized and may retain the right to ask for more time or a different date. You can request a new date by filling out this form:
https://familycourt.courtsystemsincorporated.org/forms#requestedate
Ask the judge to give you an emergency order of protection.
Once you’ve filed for an injunction, the judge will likely ask you if there’s anything else they can do to help keep you safe before issuing an order of protection. Your ex-partner may agree to have a mental health evaluation, which might be enough evidence for the court to award you a restraining order. If so, go back to court and ask that they order immediate counseling services—this is especially important if your ex has shown signs of violence or harassment.
Suppose all else fails and things worsen between both parties (which could happen). In that case, one option could be asking for an emergency order of protection from federal court—and this type of request comes with its own set of requirements and procedures that need attention before being granted by an experienced judge who understands how difficult it can sometimes feel when dealing with domestic abuse cases like these.”
You can get a temporary order of protection in NY.
You can get a temporary order of protection in New York. You’ll need to go to Family Court and show up for your service there. The judge will decide whether or not they want to issue an emergency order of protection on the spot (usually only granted if there’s been violence). Still, it would help if you came prepared with all the information necessary for them to make their decision:
“I am on temporary protection orders, but I fear for my safety. Can they arrest me even when they don’t have a warrant?”
If you are on a temporary order of protection, the police may arrest you without a warrant if they have probable cause. (See People v. Trifonovitch (5 NY 3d 671) 365 N.Y.S.2d 943.) However, if you are on an ex parte or other restraining order, the police must first serve it with a copy of the petition and proof that they have evidence to support it. They cannot arrest you until after the hearing is over; this must be done by a statute that requires them to give you notice before arresting you unless there is “cause” to do so. (See sections 240b-20(a), 240c-20.(a).) If you want your order canceled after being served, tell the court clerk and request relief from the court’s order so that the police will no longer be able to arrest you under that order without a warrant issued by a judge based upon verified allegations of wrongdoing by yourself or others
Takeaway: You can get an ex parte or another type of restraining order in nyThe NYPD will not keep your friends and family away from you even with your demands behind bars.”
In 2014 Connecticut lawmakers passed new gun laws making all domestic abusers subject to mandatory firearm seizure regardless of whether their victims sought or received formal protection against violence from law enforcement.”
