Orders of Protection
Garden City Law Firm

What is an order of protection?

An order of protection is a court order that is designed to stop the respondent from engaging in some type of violent and/or harassing behavior, against you and/or your children. In NY, you can get an order in Family Court, criminal court, or Supreme Court. The Respondent’s failure to obey an order of protection may result in their immediate arrest and incarceration.

I live with my significant other, can I obtain an Order of Protection against them?

Yes, the Family Court Act was recently amended to permit the Family Court to issue orders of protection to persons in ‘intimate relationships.’

The law defines an ‘intimate relationship’ as:

Persons who are not related by consanguinity (related by blood) or affinity (related by marriage) and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the Court may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”

This new law expands orders of protection to dating relationships and couples who live together. In addition, both heterosexual and homosexual relationships are included in the law.

What can an Order of Protection do?

An order of protection may protect an individual from being subjected to a variety of different abuses by providing them with an order against the other party whose failure to obey the Order could result in their arrest.

An Order may contain a number of provisions including:
1. A “stay away” from a location such as the home, school, business or place of employment of the parent, child, or any other person
2. A “refrain from” a family offense as defined in subdivision one of section 530.11 of the criminal procedure law, or any criminal offense against the other parent or child, or from harassing, intimidating or threatening such persons
3. Any other conditions which the court deems necessary to further the purposes of protection