Orders of Protection
Family Lawyer Brooklyn
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection.
When someone is thinking about getting an order of protection, it’s understandable to wonder if it will work. Questions such as ‘Will this court order keep that person away from your home or where you work?’ might come to mind.
An order of protection isn’t an armed guard, but it’s effective against someone who doesn’t want to be arrested and sent to jail.
What is a Protection Order?
A protection order is frequently used when domestic violence is involved, although it can be used to address a wide range of safety issues. A Family Court, criminal court or Supreme Court can all issue a protection order.
The order is designed for a specific situation and typically tells the offender not to harass, threaten or injure you or members of your family. If you were living with the person named in the order and wish to retrieve your belongings, the police will go with you.
Some of the conditions listed in the order of protection could include, but are not limited to:
- Ordering the subject of the order to move out of your home
- Staying away from you and anyone else named in the order
- Paying child support
- Ordering the subject to obey custody orders
- Not having a gun
What Happens to Someone Who Violates an Order of Protection?
The offender could:
- Be arrested and sent to jail
- Be charged with a more serious crime that could result in a longer jail or prison sentence
- Have any guns taken away
It’s a crime to violate orders of protection. Call the police if the subject violates the conditions of the order. You don’t have to wait until you have been physically attacked. You can also file a violation in Family Court and/or criminal court.