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Domestic Violence Resource

Safety Planning

Information For Those Seeking A Family Court Order of Protection

FAQs (Ofttimes Asked Questions)

Who Can File a Petition in Family Court?
How Practice I File a Petition in Family unit Courtroom?
What Should I Put on My Petition?
What's the Deviation Between a Temporary and a Last Order of Protection?
Tin can I Ask for Custody of or Visitation with My Children?
When Will I See the Judge?
What Do I Say to the Approximate?
Where Do I Get the Temporary Society?
Does the Respondent Have to Know most the Petition?
How Do I Serve the Petition and Temporary Gild of Protection?
What If I Don't Know Where the Respondent Lives?
What If the Respondent Has Not Been Served?
What If I Decide Not to Pursue the Order of Protection?
What Happens If I Don't Come Dorsum to Courtroom?
What If I Am Agape to See the Respondent in Court?
What Happens When I Come Back to Court on the next Court Date?
Am I Entitled to an Attorney?
What If the Respondent Violates the Society of Protection?

Who Tin File a Petition in Family unit Courtroom?

You can file a petition in Family Court for an order of protection if

1) you are related to the respondent past blood or wedlock;
2) y'all are or were legally married to the respondent;
3) you take a kid with the respondent; or
4) you are or were in an intimate relationship with the respondent.

Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or blazon of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be accounted to constitute an "intimate relationship".

You lot may proceed for orders of protection in Family or Criminal Court or both.

If you need an order of protection confronting someone else, you lot can just get one through Criminal Courtroom. To get a criminal courtroom gild of protection, the police force must arrest the person or you may get to the Court Dispute Referral Center.

How practise I File a Petition in Family Court?

You must get to the Help Eye ("Petition Room") between 8:30-5:00 Mon.- Friday. After you tell the clerk at the front desk-bound you are in that location, you will be given forms to fill out, including one to write down the incidents of violence. When your proper noun is called, you will see a clerk who will write the petition based on the information you lot gave on the form.

There are no filing fees in Family unit Court.

What Should I Put on My Petition?

Write down as many details every bit possible. In club to obtain an social club of protection yous must state that a "family unit crime" occurred. Many deportment are family offenses, such equally when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you. Depict when each incident occurred, where it occurred, what happened, whether you were injured (bruises, cuts), and whether weapons were used. It is best to include the most recent incident, the beginning incident and the worst incident. If there was verbal abuse, tell the clerk the verbal words the respondent used. Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Earlier you sign the petition, read it carefully and tell the petition clerk if annihilation important has been left out. Make sure the petition is authentic and fully states what y'all want to tell the Approximate.

What tin I ask for in my petition?
Most temporary orders of protection say that the respondent must not assail, menace, or harass yous, but yous can inquire for additional terms. You must tell the petition clerk specifically what you would similar the Estimate to order. Some of these things may be in the temporary club and some may exist in the final order. You tin inquire for:

1) Stay away: The court can order the respondent to stay away from you, your domicile, your task, your children, your children'south school or whatever other place or person the court finds necessary.

2) Refrain from certain acts: The court can guild the respondent to stop abusing or threatening to abuse you or your children. The order can be specific, such as, ordering the respondent to end calling you at work.

3) Collect your belongings: If you lot practise not want to return home, y'all can ask the courtroom to allow you lot to enter your home with the police force to collect your personal holding at a certain engagement and time.

4) Exclude the respondent from the dwelling: If the respondent is dangerous to you or your children, you can ask the court to order the respondent out of the dwelling ("excluded") while the social club of protection is in result. Information technology does non affair that the home is non in your name.

5) Temporary kid support: The court can guild temporary child support based on the needs of the child. Y'all do not have to testify how much money the respondent has or earns. Since the kid support is just temporary, you will still have to file a split up petition for child support. You can practice this on the 1st floor of the Family unit Court. The case volition be heard by a Support Magistrate in almost two or three months, but you can get support back to the engagement you filed the petition.

vi) Revoke or append firearms: The court tin revoke or suspend respondent's license to behave firearms or order surrender of any or all firearms owned or possessed by respondent.

7) V twelvemonth order: Almost Family Court orders of protection are for two years. You tin can get a five year order of protection if in that location are "aggravating circumstances", or if the court finds there was a violation of an order of protection. Aggravating circumstances be where in that location is physical injury, the respondent used a weapon or other dangerous instrument against yous, there is a history of repeated violations of prior orders of protection, the respondent has been bedevilled of crimes committed confronting y'all in the past, at that place is exposure of any family or household member to physical injury, or other behaviors that pose a danger to you lot, your family or other household members.

What'south the Difference Between a Temporary and a Terminal Order of Protection?

A temporary order of protection is issued on the day you file for an lodge of protection earlier the respondent is served with the papers. Information technology only lasts until the side by side time that you are in court. The court commonly volition extend the temporary gild at each court engagement until the case is over. If a final order of protection is issued, this occurs at the end of the case subsequently the Judge finds that a family offense was committed or the respondent agrees. A concluding lodge lasts for two or five years. A concluding order of protection can also include:

1) Restitution: If the respondent damaged any of your property (eastward.1000. car, windows, article of furniture), the court tin order the respondent to pay amercement ("restitution") upwards to $ten,000. You lot will have to prove the value of what was damaged.

2) Medical expenses: The court tin order the respondent to pay for any medical expenses arising from the corruption.

3) Participation in a Program: The court can lodge the respondent to participate in services, such equally a batterer's education plan, or make referrals for drug or alcohol counseling.

Can I Enquire for Custody of or Visitation with My Children?

1) Custody: You can enquire the court to lodge that the respondent not interfere with custody of your children as office of the lodge of protection. This order will last for as long as the order of protection does. You may also file a divide petition for custody. The clerk will help you file a petition for custody. Either parent tin can file a petition for final custody at whatever time.

2) Visitation: The court may order visitation for either parent as part of the lodge of protection. The court can specify times for the visits and rubber places to exchange the child, such every bit a police precinct or friend's home. If necessary, the court tin society supervised visits. The visitation gild will terminal but equally long as the gild of protection. Either parent may file a split petition for visitation at any time. Nevertheless, the court may direct that a split petition be filed to decide this issue.

When Will I See the Approximate?

Afterward the clerk drafts the petition, y'all will wait to run across a Judge on the second flooring. The Judge will review the petition and determine whether there is practiced crusade to issue you a temporary order of protection. The Judge will order a summons to serve on the respondent and a date to come up dorsum.

What Do I Say to the Gauge?

The Guess may enquire you questions about what you said in the petition. The Judge volition determine whether to event a temporary order based on your petition and answers to the questions. Tell the Judge if you desire the respondent excluded or need temporary child support. Even if the Judge does not issue the temporary guild of protection, yous may get one afterward. If you tin can't afford a lawyer, you can ask the Judge to appoint i for you.

The Approximate will ask you how you desire to serve the papers. (The dissimilar options are listed below.) The court may issue a warrant directing that the respondent be brought immediately earlier the Family Court. Warrants are issued under special circumstances, such every bit when your safety or the safety of your kid is at hazard.

Where Do I Get the Temporary Order?

Afterwards you accept seen the Approximate, you must wait to option up your papers in a designated waiting expanse. Yous will receive your copies of the temporary order of protection, if one has been issued. You volition also receive a summons and re-create of the petition for the respondent, if you are arranging service on the respondent.

Does the Respondent Have to Know about the Petition?

Yes. You can not go a final society of protection unless the respondent has received notice of the case.

How Do I Serve the Petition and Temporary Order of Protection?

The summons with notice, petition for an guild of protection and temporary order of protection must exist personally served (handed to) the respondent. Any person over eighteen years old, except you, may serve these papers. The police, the NYC sheriff, a friend or relative tin serve the papers. You can also hire a process server. You (the petitioner) may never serve the papers yourself. Papers for an order of protection may be served any day of the calendar week at any fourth dimension of the twenty-four hours or night.

1) Service past the NYC Sheriff:

At that place are two ways to take the Sheriff serve the papers. Yous tin accept the papers to the Sheriff's part in the county that you filed your petition in, or the Court can straight the Sheriff to serve the papers. If the court directs the Sheriff to serve, the Court volition frontwards the papers to the Sheriff'south part.

If the Sheriff does the service of the papers, they volition send the Court the proof of service or if they are unable to locate the respondent the proof of attempted service. The order of protection is non in effect until it has been served.

You can sign upwardly to be notified by the Sheriff when the papers are served at WWW.NYALERTS.COM

ii) Service past police: The police will serve the papers when the NYC Sheriff's office is closed.

You can accept the papers to the precinct yourself and go with the police force to serve the papers.

If you want the police force to serve your papers, go to the precinct where the respondent lives, works, or is to be served. The police may enquire you to go with them. (You will remain in the law car.) Sometimes, the police force volition allow yous give them a picture show of the respondent instead of asking you to go with them. The law are required to make vi attempts to deliver the papers. Once the respondent has been served, the police must give you a "Argument of Personal Service" which does not need to be notarized. If the police have been unable to deliver the petition subsequently half-dozen attempts, they must give you a statement showing the engagement and times of the attempts. Ask the police officeholder for the statement of personal or attempted service and make certain information technology is signed. Bring this statement with you on the next court engagement.

3) Service by relative, friend, or process server:

If a friend or relative gives the papers to the respondent, this person must complete an "Affidavit of Service" and accept information technology notarized. You must bring this with y'all when yous return to court, or the case will be postponed or dismissed. You lot may also bring the person who served the papers with you to court.

What If I Don't Know Where the Respondent Lives?

The respondent may be served anywhere. As long as you tin can arrange for the respondent to be personally served with the court papers, it volition not matter if you don't know where the respondent lives.

What If the Respondent Has Not Been Served?

Y'all should come back to courtroom even if you accept not been able to serve the respondent. Tell the Guess the efforts you lot made to serve the respondent.

If the Sheriff attempted service:

The Sheriff will have sent the court the proof of attempted service. When you lot return to courtroom, the Judge may requite you more than time to try to serve the papers on the Respondent. You can ask the Judge for other means to serve the respondent, such every bit service by certified mail. You tin also enquire the court to issue a warrant if yous cannot find the respondent or if he is avoiding service.

If the constabulary attempted service:

If the police attempted service note the date and times, precinct number, and officers' names who attempted service. Try to get a argument from the police showing their attempts to serve the Respondent. If someone other than constabulary attempted service, write downwardly the dates, times, and places that service was attempted. When y'all return to court, the Judge may requite y'all more fourth dimension to endeavour to serve the papers on the Respondent. You lot can ask the Judge for other means to serve the respondent, such as service by certified mail. You can also ask the court to issue a warrant if you tin can not find the respondent or if he is fugitive service.

What If I Determine Non to Pursue the Guild of Protection?

Y'all may change your listen once you have started the example. If you make up one's mind non to pursue the club of protection, y'all may wish to come back to courtroom or send a letter of the alphabet request that your petition be withdrawn "without prejudice." This ways that if y'all change your mind again, and wish to re-file at a later appointment, you can raise the same allegations again in a new petition. You tin can always come back to courtroom if a new incident occurs.

What Happens If I Don't Come Back to Court?

It is very important for you to come to court on your adjourn date. In case of a serious emergency, send someone in your place to explain your absence or notify the court by phone or in writing. It is upwards to the Judge to decide whether to grant you an adjournment. If you do not appear, your case may exist dismissed and y'all will no longer accept a temporary order of protection.

What If I Am Afraid to Meet the Respondent in Court?

When you arrive at courtroom, notify a court officer in the part (room) where your case is being heard that you lot are afraid to come across the respondent. The officer can accommodate for you to stay in a place away from the respondent until the Judge calls your example. One possibility is the Safe Horizon Reception area in the courthouse - ask the courtroom officer where that tin can be located. Make sure that a court officeholder knows yous are in that location and where y'all are waiting. Yous can ask a court officer to escort y'all from one location to another or to assist continue the respondent away from yous. Y'all may too bring a friend, relative or an advocate to court with you who can come with you into the courtroom.

What Happens When I Come Dorsum to Court on the next Court Engagement?

Yous will have to return to court to ask for your final society of protection. The respondent has the correct to a hearing. You may see a dissimilar Estimate from the one you saw the first time. The Gauge you lot encounter on the adjacent court date is the Judge probable to decide your case.

If the respondent does not come to court: Y'all volition be asked to testify the Judge that the respondent was properly served. Y'all will demand to give the Judge an affidavit of service from a relative or friend, or if the police served the respondent, a argument of service from the law. If the Sheriff served the respondent the Courtroom will receive the proof of service directly from the Sheriff. If the court does not conclude that the respondent was properly served, your petition may be dismissed or you may exist given more time to serve. If there are serious allegations, the court might as well result a warrant to bring the respondent dorsum to court immediately.

If the court finds the respondent was properly served, the court will ask y'all to explain the incidents that you lot allege in the petition. This is called an Inquest. Be specific: speak clearly and organize your thoughts. Don't forget to tell the Judge if a weapon was used or you were injured. If the Gauge finds that a family unit offense has occurred, the Estimate will result a final order of protection. You will receive a copy of the order the same mean solar day. The respondent must be served with the final order of protection for information technology to exist in effect. This is important in example the respondent violates the order.

The Guess may gild the Sheriff to serve the concluding order on the respondent, but ultimately information technology is the responsibleness of the petitioner to make certain the respondent was served.

If the respondent comes to court: Typically, you volition run across a court attorney (the Judge's law assistant) earlier you see the Judge. You can ask to speak to the courtroom chaser separately from the respondent. The courtroom attorney will ask the respondent if he or she volition concord, to the final society of protection. Ii things tin can happen:

a) If the respondent agrees to an order of protection: When respondents agree to an guild of protection, they usually consent to the order without admitting that they take done anything incorrect. This means the court has not made a finding against them. An gild without a finding ("on consent") has the aforementioned effect and will protect you the same way that an order subsequently a trial would. If the gild is violated, the respondent tin be arrested. Nevertheless, an order on consent does not institute that the respondent did annihilation wrong for use in other proceedings, such as custody or visitation.

b) If the respondent does not hold to the social club of protection: If the respondent does non agree to an order of protection and all of the terms you lot asked for, your case will get to trial. If at that place is a trial in your example, there may be several courtroom dates before it is resolved. Y'all will accept the opportunity to tell the Approximate your story and present evidence in back up of your case.

Am I Entitled to an Attorney?

Both petitioners and respondents in family unit crime cases are entitled to court-appointed ("18-B") attorneys if they are "indigent" (cannot afford to retain an chaser). Only the Gauge tin determine if y'all qualify for an attorney. The Estimate may non appoint an attorney unless y'all ask for one. You lot can enquire for one at whatever time. You lot can besides try to find an attorney on your ain. A list of legal services offices appears below. If your case goes to trial, you may need an attorney.

CourtHelp - Lawyers & Legal Help

What If the Respondent Violates the Gild of Protection?

It is a crime to violate a temporary or final guild of protection. If the respondent does not obey the guild, and so y'all can telephone call the police. The police will probably abort the respondent for violating the society of protection. The respondent does not have to hit you to violate the order. If the respondent comes to your abode and the society says he can't, then yous tin telephone call the police. You too take the right to file a violation of the guild in Family Court. Filing a violation in Family Court usually will not result in arrest of the respondent. Yous can choose to become to Family or Criminal Court, or both.

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Source: http://ww2.nycourts.gov/COURTS/nyc/family/faqs_domesticviolence.shtml