In cases of Domestic Violence, often the first place people go is the Family Court.
The New York Family Court is the prime dispenser of restraining orders also know as Orders of Protection, within families; although, the criminal, county and supreme courts also have the authority to issue them.
What is a restraining order?
A restraining order is a court order issued by a judge that prohibits someone from participating in certain activities. Restraining orders can be issued to protect a person from being the victim of domestic violence, harassment, stalking, or other forms of abuse.
The purpose of a restraining order is to provide the victim with a way to protect themselves from further harm. Restraining orders are legally binding and must be followed or the abuser can face legal consequences. It is important to note that restraining orders are not a form of punishment, but rather a way to protect the victim.
Types of restraining orders
There are three main types of restraining orders that can be issued in the United States:
- Temporary restraining order: This type of restraining order is usually issued when the victim is in immediate danger and the court believes that the abuser must be stopped immediately.
- Permanent restraining order: This type of restraining order is issued after a hearing in which both parties present their cases. It is usually issued for a longer period of time than a temporary restraining order.
- Emergency restraining order: This type of restraining order is issued when the victim is in immediate danger and the court does not have time to hold a hearing.
What is a stay away order?
A stay away order is a type of restraining order issued by a court to protect a victim from an abuser. It prohibits the abuser from coming within a certain distance of the victim, their home, their workplace, or any other place that the court designates. In addition, the abuser is also prohibited from making any contact with the victim.
Stay away orders are usually issued for a specific period of time, such as six months or a year. In some cases, the court may extend the stay away order if it believes that the abuser may still be a threat to the victim.
What is a do not harass order of protection?
A do not harass order of protection is a type of restraining order issued by a court to protect a victim from an abuser. It prohibits the abuser from harassing, intimidating, threatening, or otherwise harming the victim. In addition, the abuser is also prohibited from making any contact with the victim.
Do not harass orders of protection are usually issued for a specific period of time, such as six months or a year. In some cases, the court may extend the do not harass order of protection if it believes that the abuser may still be a threat to the victim.
What is the difference between a stay away order and a do not harass order of protection?
The main difference between a stay away order and a do not harass order of protection is the range of activities that are prohibited. A stay away order prohibits the abuser from coming within a certain distance of the victim, their home, their workplace, or any other place that the court designates. A do not harass order of protection, on the other hand, prohibits the abuser from harassing, intimidating, threatening, or otherwise harming the victim.
In addition, stay away orders are usually more restrictive than do not harass orders of protection. This means that the abuser may be prohibited from coming within a certain distance of the victim’s home, workplace, or any other place that the court designates. With a do not harass order of protection, however, the abuser may not be prohibited from coming within a certain distance of the victim, but may still be prohibited from harassing, intimidating, threatening, or otherwise harming the victim.
How to get a restraining order in New York Family Court
If you or someone you know is a victim of domestic violence in New York, you can file for a restraining order in New York Family Court. The process of filing for a restraining order is fairly simple and can be done in person or online.
When filing for a restraining order in New York Family Court, the victim will need to provide the court with evidence of the abuse, such as photos, text messages, or other documents. The court will then review the evidence and decide whether to issue a restraining order.
To obtain a Family Court order of protection, the petitioner must allege that their spouse has engaged in a family offense. Family offenses are defined in section 812 of the New York Family Court act. A family offense is an act:
which would constitute disorderly conduct, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, menacing in the second degree, menacing in the third degree, reckless endangerment, assault in the second degree, assault in the third degree or an attempted assault between spouses or former spouses, or between parent and child or between members of the same family or household
When it comes to matters of misconduct, harassment, and assault, the law takes them very seriously. However, it can be confusing to understand the different types and degrees of these crimes. Here’s a breakdown of some common offenses and what they mean:
Disorderly Conduct: This refers to behavior that disrupts the peace or causes annoyance to others in a public setting. Examples include shouting obscenities, fighting, or causing a disturbance.
Harassment: There are two degrees of harassment. Harassment in the first degree refers to behavior that is more serious and causes significant alarm or fear, such as threatening physical harm or making repeated unwanted contact. Harassment in the second degree refers to behavior that causes annoyance or alarm, such as repeatedly texting someone despite being told to stop.
Aggravated Harassment in the Second Degree: This refers to harassment in the second degree that is carried out with the intention of intimidating someone because of their race, religion, national origin, or another protected characteristic.
Stalking: Stalking also comes in different degrees, with first-degree stalking being the most serious. This involves repeatedly following or threatening someone with the intent to cause fear. Stalking in the second, third, and fourth-degree refers to less severe forms of the crime, such as repeatedly contacting someone despite being told to stop.
Menacing: There are two degrees of menacing. Menacing in the second degree refers to behavior that causes someone to fear for their safety, such as threatening them with a weapon. Menacing in the third degree refers to behavior that is less serious and doesn’t involve a weapon, such as making threatening gestures.
Reckless Endangerment: This refers to behavior that puts others in danger without intending to do so. For example, recklessly firing a gun into a crowded area.
Assault: There are two degrees of assault. Assault in the second degree involves causing physical injury to someone, while assault in the third degree refers to behavior that creates a fear of injury, such as swinging a fist at someone in a threatening manner.
Attempted Assault: This refers to an attempted but unsuccessful assault.
The court may also require the victim to appear in court for a hearing. At the hearing, the court will listen to both the victim and the abuser and make a decision about whether to issue a restraining order.
Pros and cons of obtaining a restraining order
Obtaining a restraining order can be a difficult decision for a victim of domestic violence. It is important to weigh the pros and cons of obtaining a restraining order before making a decision.
The pros of obtaining a restraining order include:
- The victim will be legally protected from the abuser.
- The abuser will not be allowed to come near the victim or make contact with them.
- The abuser will be held accountable for their actions.
The cons of obtaining a restraining order include:
- The victim may be subject to scrutiny and judgement from family, friends, and the public.
- The restraining order may not be effective if the abuser does not follow it.
- The restraining order may put the victim in further danger if the abuser becomes angry or violent.
Tips for dealing with a restraining order
If you have been issued a restraining order, it is important to follow the terms of the order. Here are some tips for dealing with a restraining order:
- Follow the terms of the order. This includes staying away from the person who is protected by the order and not making any contact with them.
- Keep a copy of the order with you at all times.
- Tell your family, friends, and co-workers about the order and ask them to help you stay away from the person who is protected by the order.
- If you are accused of violating the order, contact an attorney right away.
- Seek counseling or therapy if needed.
If You are in Immediate Danger, Call 911
If you are in immediate danger of injury, call 911. Do not call 911 if you are not in serious risk of danger, instead promptly go to the Family Court and file for an Order of Protection. Remember, never compromise your safety
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