It is a legal document in which a Judge orders someone to follow specific conditions of behavior–that is, tells someone things that they must or must not do. Police can make immediate arrests if they have good reason to believe those conditions have been violated. The point of a Temporary Order of Protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in Court. When the Court is convinced that someone has committed an offense or endangered the person protected by the Order, a final order is issued. There are two different orders of protection that can be issued, one by Family Court and one by Criminal Court. An order of protection does not guarantee a victim’s safety. It is extremely important to develop a safety plan.
In order to obtain an Order of Protection, your relationship to the other person must be a current or former spouse, someone with whom you have a child in common, a family member to whom you are related by blood or marriage, or someone with whom you have had an “intimate relationship”. The court will decide whether or not a relationship is “intimate” depending upon the nature of the relationship. These orders may be issued as part of an ongoing divorce proceeding in Supreme Court or a family offense proceeding in Family Court. If you or a family member is in danger, you may be able to seek an Order of Protection with the help of the attorneys at Law Offices of Neil Weissman. We consistently help protect victims and their children from abuse, harassment, and domestic violence through Orders of Protection. An Order of Protection is a court order that a victim can obtain to protect him or herself from further harm and illegal behavior.