In New York, if a person has been abused, harassed or threatened, they may want to seek a restraining order, also known as an Order of Protection. This order can prevent the abuser from contacting the victim or causing them additional harm.
Process overview
The first step to obtain an Order of Protection is to file a petition and include details about the situation, including witnesses, if there are any. In some situations, a victim can request a Temporary Order of Protection. This is usually granted under circumstances where the victim is in immediate danger.
The court will schedule a full hearing where each party will have an opportunity to present evidence and the judge will decide whether to put a Final Order of Protection in place.
The order may require the abuser to stay a certain distance away from the victim for a period of time.
Enforcing an order
It’s important for the victim to notify law enforcement if the abuser violates the Order of Protection and include information about the incident, like the date, time and location of the contact. It may also be necessary to take extra steps to protect their safety, like notifying family and friends of their whereabouts.
The abuser can face serious penalties for violating the order, including fines and jail time.
If the victim feels that the current protective order is not adequate, they can ask the court to change the order and there is assistance available to guide them through this process.