The defendant in the case might also be ordered not to engage in certain behaviors or activities in the presence of the plaintiff or the plaintiff’s children. Specific behaviors may be prohibited by an Order of Protection without completely restricting communication or contact between the parties involved.įor example, the court might rule that one party should not make physical contact with the other party while allowing communication to continue. However, Orders of Protection in New York can also be granted for more specific, short-term purposes, and may prohibit certain behaviors and interactions without imposing a full no-contact order.įor example, a person might request an Order of Protection so that they can enter a residence accompanied by law enforcement to collect belongings from another person’s home if it is believed that the latter poses a threat to the former.Īn Order of Protection can also order one party to return belongings or documents to another party, to permit the other party to terminate a living arrangement, or to order a person to surrender possession of any firearms. This protection also extends to the children of the person requesting the Order of Protection. This is often due to domestic violence, harassment, or stalking (see also ‘ What Is Gang Stalking?‘) (see also ‘ What Is Gang Stalking?‘).Īn Order of Protection granted for this reason would prohibit a named individual from approaching or having contact by other means with the person seeking the Order of Protection. Most commonly, a person requests an Order of Protection against another person because they do not want to have any contact with that person going forward. In New York, an Order of Protection can be granted for various reasons. There is specific legislation surrounding Orders of Protection in New York, which differs in some places from the Restraining Order proceedings in other states. How Does An Order Of Protection Work In New York? Orders of Protection may be long-term or temporary, in which case, they are called Temporary Orders of Protection.Ī Temporary Order of Protection will usually be issued to provide protection for and maintain distance between parties in the lead-up to a court case. Other behavioral orders may be stipulated in an Order of Protection, with which the named individual must comply. You might also hear this document referred to as a Restraining Order.Īn Order of Protection orders one individual to stay at least a certain distance away from another individual (the complainant) until the order expires. As we briefly outlined earlier, an Order of Protection, in its simplest form, is a document that provides an individual with legally enforceable protection against an abuser or stalker.
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