Obtaining an Order of Protection in New York City
An Order of Protection, or domestic restraining order (as it’s sometimes referred to), is an injunction granted by a court to protect one person from another. Anyone who feels victimized, or fears they may be victimized, by another person may file for an Order of Protection. For demonstration purposes, let us suppose that the person filing for the Order of Protection (the complaining witness) was a female victim of abuse, and that the abuser (the criminal defendant) was an ex-boyfriend. The victim would apply for the Order of Protection. A judge may then place limitations of contact on the abuser. If the abuser were to violate the terms set down by the judge, they would face additional criminal charges. Restraining orders are most commonly used to protect against stalking, domestic violence, sexual harassment and other sex-related crimes.
There are two types of Order of Protection. The first is the full order, which forbids the criminal defendant from making any contact whatsoever with the complaining witness. This means no contact via telephone, e-mail, etc. It also forbids the defendant from trying to contact the witness through a third party. The defendant must stay away from the witness’ home, place of business, and any other institutions the witness frequents.
The other type of Order of Protection is the limited order. A limited Order of Protection allows the defendant to make contact with the witness, even allows for the possibility of co-habitation, but includes case-specific provisions which the defendant may not violate. Terms such as “no harassment,” “no threatening,” “no physical contact,” etc. may be included, and may not be breached by the defendant. Failure to obey these limitations could result in the defendant being charged with Contempt of Court.
Judges may sometimes grant temporary Orders of Protection that serve between court dates. In these interims, the temporary orders will prevent any undue contact, until a more permanent solution can be reached.
Permanent Orders of Protection can vary in length.
If you’ve been charged with Contempt of Court, it is advisable to retain counsel. The attorneys at Kaplan Lawyers PC can help you through your legal process.
Contact Our Lawyers About Obtaining an Order of Protection
Of course, if you have any questions at all, or you’re having trouble filing for an Order of Protection, we can help you take the required steps. At Kaplan Lawyers PC, we know that it isn’t easy taking such drastic measures, especially if you are filing against someone who once was close to you. Hesitation, though, can put you in harm’s way. In lieu of deliberation, call us today for a free consultation. We can talk about your rights, your next steps, and how an Order of Protection may safeguard you and your loved ones in the future. We’ll also stand by your side throughout the entirety of your legal process. Our consultations are an easy and safe way to begin protecting yourself.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]