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An order of protection is an order issued
by the court, upon application of a party, enjoining another party
from certain conduct specified in the order. A limited order of
protection will typically direct the enjoined party not to contact,
assault, threaten, harass, stalk, menace, or recklessly endanger
the party in whose favor the order is issued. A full order
of protection will require the enjoined party to completely
stay away from the party in whose favor the order of protection
is issued. Where the parties are married or are living together,
an order of protection may exclude the enjoined party from the residence.
Violation of an order of protection that has been properly served
upon the enjoined party may result in imprisonment.
An order of protection is intended to protect the victim of domestic violence/abuse and the parties must have familial relationship - married or formerly married; or engaged, or formerly engaged, to be married; or living together; or have a minor child in common; or be related by blood, marriage or adoption.
An order of protection can be sought within the context of a divorce proceeding in the Supreme Court or in a plenary action in the Family Court, and/or in the Criminal Court. An order of protection issued in Criminal Court is incident to the arrest and prosecution of the accused perpetrator of the domestic violence.
A knowledgeable family law attorney can assist you in marshaling and presenting legally sufficient proof of domestic violence or, if you are the defendant, to defend against such claims.
Call our office, toll-free, at 1 (866) 99 TRUST and make an appointment for a free, no-obligation initial consultation.
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