If you are a victim of domestic violence or in imminent danger of suffering harm from a current or former spouse/romantic partner, you could obtain an order of protection to order the abuser to stop abusing, harassing, contacting, and visiting you and your family, as well as take the abuser’s firearms away and order him/her out of the family home.
There are two main types of protective orders in New York: a temporary (ex parte) order of protection and a final order of protection. You apply for both in family court.
Temporary Order of Protection
A judge can issue an ex parte order if there is “good cause,” which means the court believes you are in imminent danger of domestic violence. The abuser does not have to be present in court.
If a temporary protection order is granted, it will last until the date of the full court hearing. Since the full court hearing may not happen on the initial date, a judge may extend the order of protection.
But what happens if the family court is closed? In this case, you may file for a protective order in a local criminal court. The temporary restraining order from the criminal court is valid for four (4) days and will generally be transferred to family court.
Final Order of Protection
On the hearing date, each side will have a chance to present their case. Once the court reviews the evidence and testimony, a judge will determine whether to issue the final order of protection.
A final order of protection is valid for a maximum of five (5) years. In most cases, the final order lasts two (2) years, unless certain “aggravating factors” exist that warrant the maximum time.
Common aggravating factors include:
Moderate to serious injury
The use of a deadly weapon
A history of domestic violence or protection order violations
A criminal history of domestic violence charges
Prior incidents and behaviors that pose a threat to you and your loved ones’ safety
If you are interested in obtaining an order of protection in Yonkers, NY, contact Empire Law today at (914) 312-4131 for a free consultation.