Obtaining an Order of Protection

An order of protection is a court, also known as a restraining order, can order an individual to stay away from another person and, in many cases, prohibit all other forms of contact, including phone calls, emails, and texts. If children are involved, the court may allow from some exceptions to facilitate visitation with the children, depending on the situation. If you are being threatened or harmed by another person, you must contact the police and secure legal counsel to pursue an order of protection to keep yourself and your family safe.

How to Obtain an Order of Protection

If you wish to secure an order of protection through family court, you must have a specific type of relationship with the person you need a restraining order against.

Below are some of the applicable relationships:

  • A current or former spouse
  • An individual to whom you are related through blood or marriage
  • A person with whom you share a child
  • A person with whom you have an intimate relationship or used to have an intimate relationship with

Additionally, you must also prove the person in question committed harmed or threatened to harm you. During this time, the court may issue a temporary order of protection until your case reaches a resolution.

How Long Will It Last?

Your temporary order of protection will last until your case is closed, at which point you will receive a permanent order of protection if your case is successful. A permanent order of protection typically lasts for one year, though it may last for up to five years, under certain circumstances.

If either party wishes to make changes to the order of protection, he or she may request one through family court. If the protection order was issued by criminal court, however, changes cannot be issued through family court. In some cases, the court may add an exception to the order that permits visitation with the children if they feel it serves their best interests.

In less severe circumstances, the court might use different language in a protection order, stating that the person must refrain from contact. If the situation worsens, however, the language may change from “refrain” to “stay away.” If your protection order is about to expire, you can request that it be extended, but you must prove a reason to support the extension.

Reach Out to Our Family Law Team for a Free Initial Consultation Today!

If you are being threatened or harmed by another individual, you must pursue an order of protection as soon as possible to secure your safety. At Empire Law, our family law team will fight diligently on your behalf to ensure you can obtain this necessary form of protection and, if necessary, we will assist you when the time comes to request an extension of the order. Our team has the knowledge, experience, and insight you need to secure the results you need.

Call our law office today at (914) 752-5333 to set up a free consultation with a compassionate member of our legal team.