An order of protection is issued by a court to protect you from harm.
You may seek an order of protection from Family Court if:
You can seek an order of protection from Family Court even if there is criminal case pending with an order of protection.
You may receive an order of protection in the Family Court if the incident complained of constitutes a “Family Offense.” These offenses include:
When an order of protection is issued, the court can:
If your spouse or partner fails to follow the order of protection they can be arrested.
The duration of a final order of protection in Family Court is generally two years. The duration can be extended to five years if the conduct charged in the petition is in violation of a valid order of protection or the court makes a finding of aggravated circumstances.
Yes, you can apply to the court before your order expires to extend the order if it is still necessary.
The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.
Last Updated: 25 September 2019
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