What Is the Difference Between a Restraining Order Versus Order of Protection in New York?

Last updated on April 12, 2023

In the state of New York, an order of protection and a restraining order refer to the same legal instrument. The purpose of an order of protection is to restrict the actions of someone who has caused harm or posed a threat to another person. It may require the individual to stay away from the victim and their family, vacate the home, adhere to custody arrangements, pay child support, or surrender any firearms in their possession, among other provisions. 

Speak with an experienced Long Island order of protection lawyer right away if you are facing charges of violating an order of protection. A violation of a New York restraining order carries significant penalties. A mandatory arrest can also be made by law enforcement if domestic violence is involved. A conviction of this charge can have a significant impact on your life. Do not leave it to chance. To schedule a consultation with an experienced domestic violence lawyer for your case, contact Jason Bassett Criminal Lawyer today. 

Who Is Eligible for an Order of Protection?

Individuals who are currently married, formerly married, have a child in common, or were in an intimate or currently in an intimate relationship may seek an Order of Protection from the Family Court. If an emergency event occurs where an individual is injured or threatened and the police are called, they may inquire with the police about obtaining an Order of Protection from a criminal court. 

Upon contacting the police, a domestic incidence report (DIR) will be filed based on the information provided. Depending on the situation, the offender may be arrested or a bench warrant may be issued by the criminal court. In each criminal court, an assistant District Attorney is assigned to assist in obtaining an Order of Protection.

The District Attorney’s office is responsible for determining the charges against the offender, which may require the victim’s testimony in court. Criminal charges are categorized as felonies, misdemeanors, and violations, with felonies being the most severe and violations being the least severe. The court that handles the criminal conduct is determined by the severity of the crime, with felonies being handled in the County Court and other crimes being handled in city, town, or village courts.

Full VS Limited Order of Protection

When dealing with domestic violence charges in New York City, restraining order attorneys often come across two types of orders of protection: full and limited. A full order of protection states that the defendant has to completely cut all contact with the protected person as long as the order stands. This includes refraining from going to their home, school, or workplace. 

On the other hand, a limited order of protection allows the charged individual to have contact with their accuser but still prohibits them from engaging in any harmful behavior such as assault, harassment, stalking, or any other prohibited actions. In such cases, the parties may be able to live together and attend social events, as long as there is no risk of violence or threats. 

If you are facing a domestic violence charge in New York City, it is important to seek the assistance of a restraining order attorney. They can guide you through the process and help you understand the legal penalties that may arise from such charges.

Duration of an Order of Protection

The duration of temporary orders of protection in family law cases may differ, but they can be extended during legal proceedings and terminated once the family offense case concludes. A permanent order of protection in family law cases can persist for a maximum of two years following case resolution unless there are extenuating circumstances such as a weapon, injury, history of violence, or recurrent violations. A permanent order of protection may also be granted if the accused violates an existing protective order. In such cases, the duration of the order may be extended to up to five years by the Family Court, if aggravating circumstances are found to exist.

Where to Get an Order of Protection?

There are two main courts that can issue an order of protection: Criminal Court and Civil Court. The most commonly sought-after orders are civil orders, which can be obtained through the Family Court for cases involving domestic and family abuse, or through the Supreme Court as part of divorce proceedings. Both courts offer the same level of protection as a criminal court order, but without requiring criminal prosecution or an arrest warrant. 

If you’re going through a divorce, you can seek an order of protection through the Supreme Court by making an oral request during a court appearance or submitting a written request with a Motion or Order to Show Cause. 

If you have an order of protection placed against you, it is important to seek the legal representation of an experienced order of protection lawyer. A skilled lawyer may be able to help you create a solid defense strategy against your case.

Getting the Legal Help of an Experienced Order of Protection Lawyer

If you are facing an Order for Protection or have been charged with contempt of court for violating one, it’s crucial to seek the assistance of a qualified New York Order of Protection lawyer immediately. 

At Jason Bassett Criminal Attorney, Long Island criminal defense lawyer Jason Bassett can provide you with valuable legal guidance and a strong defense to help you in your case. Attorney Bassett may be able to help you understand your legal position and create a comprehensive defense strategy to ensure your interests are safeguarded. Contact us today to schedule a free consultation.

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