How do I file a restraining order in NY?

How do I file a restraining order in NY?

How do I get an Order of Protection through Family Court?

1. You can file a family offense petition in Family Court to request an Order of Protection.
2. You must have a certain relationship with the other person.
3. You must allege and prove that the other person committed certain crimes against you.

Are restraining orders public record in NY?

An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.

What are grounds for a restraining order in NY?

Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.

How do I get a no contact order in NYC?

First you would file a family offense petition with the Family Court clerk. An advocate can guide you through this process, but you can also file alone. After filing the family offense petition, a judge will ask to speak to you. If there is good cause, the judge will issue a temporary order of protection.

How long does a restraining order last in NY?

A final order of protection may last up to 5 years, depending on the facts of your specific case. Usually the order will be granted for up to 2 years but if the judge determines that one or more “aggravating circumstances” exist, you can request that your order last for up to 5 years.

What types of restraining orders are there?

The most common orders are non-molestation orders, occupation orders and restraining orders.

• Non-molestation orders.
• Occupation orders.
• Serving a non-molestation or occupation order.
• Court hearing.
• Breach of a non-molestation or occupation order.
• Restraining orders.
• Breach of a restraining order.
• Sentencing considerations.

How do I get a restraining order in New York?

In New York, restraining orders, or Orders of Protection, are typically issued by a judge in a criminal or Family Court case. Only a judge has the power to lift or end an Order of Protection.

Does a restraining order or Order of protection show up on background checks?

Whether a restraining order, or Order of Protection, issued by a New York court will show up on a background check depends on the nature and type of the background check and where the Order of Protection comes from.

What is a New York family court order of protection?

Family Court orders of protection are very powerful tools both for those seeking their security and for law enforcement if needed. Similarly, individuals hauled into a New York Family Court need to protect themselves from a wrongful assault on their character, a “record” relating to the restraining order and other collateral consequences.

What is a full stay away order in NY?

That means, a court can provide a petitioner a full stay away order mandating that the respondent (like a criminal defendant) can’t have any contact with him or her whether they reside or work in Manhattan, Brooklyn, Queens, Bronx or any other jurisdiction throughout the State of New York or New York City.