In the state of New York, when a person is abused, threatened, stalked, harassed, or a victim of domestic violence, they may pursue a protective order with the courts requiring their abuser to cease their actions. Also known as a “restraining order,” orders of protection may be “full” and require an abuser to stay away from a victim completely, or a “modified” order which allows the defendant to be with the victim as long as they do not harm or harass them in any form.
An order of protection can require a defendant to:
- Stay away from you and your home
- Move out of your home
- Stay away from your place of employment
- Stay away from your children’s school
- Not own or purchase a firearm
- Follow any other conditions ordered by a judge
Orders of protection are valid in the state of New York and between states, with violations of these orders carrying serious criminal consequences. Depending on the circumstances, an order of protection may be issued in family court or criminal court. While family court orders of protection are confidential and are intended to cease violence within a family or intimate relationship, orders of protection in criminal court are paired with criminal charges and are often issued as a condition of the defendant’s release and/or bail.
To receive an order of protection, you must do the following:
- Family court: After an incident, regardless of whether the police were called or an arrest was made, go to Dutchess County Probation and ask to file a “Family Offense Petition” requesting an Order of Protection. Provide as much information about the incident as possible and all relevant specifics, including dates, times, and locations. After this petition is filed, you will be sent to Family Court to see a judge.
- Criminal court: You may only get an Order of Protection from Criminal Court when an arrest has been made or criminal charges have been filed. At the time of arraignment, the police officer may request an order of protection. If not, you may call the District Attorney’s Domestic Violence Bureau and request assistance in obtaining one.
Need a Restraining Order? Call (845) 605-4330
If you are fearful for your safety due to another person’s threatening or abusive acts, contact the Law Office of Dennis R. Vetrano, Jr., LLC today. With more than 65 years of combined legal experience, our family lawyers can ensure your safety and well-being are protected during this frightening time.
Contact our office online today to discuss your situation in full detail.