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This page will help you learn the differences between the types of restraining orders as well as how to get a restraining order in New York. There are several different types of restraining orders within the state of New York. Some address the criminal aspect of the violent act and others the civil. Typically the petitioner is requesting the court's protection from an abuser via a civil action. Restraining orders may be requested as part of domestic violence cases.
Once the request for protection, the abuser is not allowed to contact the victim for any reason at the risk of being found in contempt of court. In return, it is important that the petitioner not contact the abuser for any reason. Doing so could not only provoke a violent act, but also may nullify the injunction. While victims are encouraged to obtain injunctions if they feel endangered, be sure that the situation may not be better resolved through some other type of mediation or counseling prior to enacting an injunction.
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Introduction
Within the State of New York, a restraining order is an order signed by a judge to protect an individual from various types of abuse.http://www.womenslaw.org/laws_state_type.php?id=561&state_code=NY Victims of domestic violence are eligible to file for a Protective Order. The victim and his or her abuser must meet the criteria for a family offense to qualify for one of these types of restraining orders. This type of civil order provides protection from someone who you are married to, separated from, divorced from, have a child in common with, are/were in an intimate/dating relationship with (including same sex couples) or are related to by blood or marriage.http://www.womenslaw.org/laws_state_type.php?id=561&state_code=NYStep 1: Understand the Criteria
Understand the criteria and determine if you qualify for a protective order. To obtain an order of protection in family court, the abuser must have committed one or more "family offenses" against you. The following are considered as family offenses when the victim and respondent are related by blood, marriage, in an intimate relationship, or they have a child in common: disorderly conduct, harassment, aggravated harassment, stalking, menacing, reckless endangerment, assault, attempted assault, criminal mischief.http://www.womenslaw.org/statutes_root.php?state_code=nyStep 2: Obtain the Appropriate Forms
Discuss the situation with the Clerk of the Court at the local courthouse and request a family offense petition. These injunctions may be granted by the county of residence of the petitioner, the county of residence of the respondent, or the county where the violent acts occurred.http://www.womenslaw.org/laws_state_type.php?id=561&state_code=NY&open_id=11118#content-13243 You may also obtain copies of the necessary paperwork from online from the New York State Unified Court Systems website to complete beforehand.http://www.courts.state.ny.us/forms/familycourt/domesticviolence.shtml You are also eligible for assistance from a variety of agencies in completing the necessary paperwork. http://www.womenslaw.org/gethelp_state_type.php?type_id=1167&state_code=NYStep 3: Complete the Forms
Complete the petition. Bring it to the courthouse with identification for you and identifying information about the abuser to have it notarized. Provide as much information as possible about the qualifying incidents and how to locate the abuser. It is helpful to provide the court with the following information about the respondent: a photograph, social security number, addresses of residence and employment, phone numbers, description and plate number of the abuser's car, and any history of drugs, violence or gun ownership.http://www.womenslaw.org/laws_state_type.php?id=561&state_code=NY&open_id=11120 Wait to sign the petition until you are in a notary's or the judge's presence.Step 4: File the Petition
Once the petition is completed, take it to the clerk. After the petition is typed, the petition will be taken to a judge. Depending on the circumstances, the judge may either issue a summons for the abuser to appear in court for a hearing on a specific date, or issue a warrant for his or her arrest. After the hearing, the final order of protection may be issued for up to five years.Resources Powered by Google
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Harassment Restraining Orders - Online Lawyer Source
Information on Harassment Restraining Orders and Criminal Law from Online Lawyer Source.onlinelawyersource.com
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