An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.
An Order of Protection (OP) is a Court Order mandating an individual to either refrain from certain behaviors against specified individuals, or to stay away from the protected party entirely. The purpose of an OP is to protect the alleged victim from harm. Most often OPs are directed in response to incidents of domestic violence. Multiple courts have jurisdiction to issue OPs, and all orders require the restricted individual to surrender any firearms they may have.
In New York State, Orders of Protection can be issued by a Family Court, Criminal Court, or the Supreme Court. In Family Court, an OP is issued when the individuals are current or former spouses, have a child in common, are related by blood or marriage, or have an intimate relationship (does not have to be a sexual relationship). In the Family Court, the OP is part of a civil proceeding, and the initial filing form is called a Family Offense Petition.
An OP can also be issued by a Criminal Court against an individual who has been charged with a crime or offense. In contrast to a Family Court issued OP, in Criminal Court the two parties do not need to have a preexisting relationship. The District Attorney’s Office will request the order and ask the Court to issue a “stay away” order, or what is commonly known as a “refrain from” order. A “refrain from” OP permits individuals to come into contact with each other, but prohibits illegal conduct. Ultimately, the judge or magistrate makes the final decision and sets the parameters of the order.
The New York Supreme Court can also issue an order of protection during a divorce proceeding. The divorce proceeding must be active, and there needs to be cause for the OP’s issuance. To obtain an OP, a party can make an oral request before the judge, or a Motion or Order to Show Cause can be filed.
We are a former Judge and Prosecutors, and we have experience in litigating Orders of Protections before all Courts. Contact the Law Offices of McGuire & Pelaez P.C. at (631) 348-1702 for a consultation today.
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