Restraining Orders for protection of a person in New York Family Law are called Orders of Protection. It’shelpful to know the proper legal names under each state of what it is people are seeking. Restraining order and orders of protection (aka protective orders), for example, can mean different things.
Orders of protection in New York may be granted to protect the alleged victims of crimes as part of a criminal case against the accused perpetrator. But, without a criminal prosecution going on, if people are “family” such as: blood relations, share a child in common, are defined as family under the law, members of the same household or in intimate relationships, orders of protection are possible to require a person to stay away from another or refrain from communication or doing certain acts against the protected party. Sometimes people simply want orders of protection but do not wish for the alleged abuser to have a criminal case against them. Please see my other blog entries and website for more information about Family Offenses, and Orders of Protection in family law and divorce cases. I have represented many alleged victims and at other times people accused in connection with order of protection matters.
Most accurately, an order of protection is a type of restraining order. Restraining orders might also be an injunction. An injunction is a court order that directs or prevents a party from doing an act, such as things that are included in an order of protection, but it might also be for other things like to prevent someone from building, transferring money, striking, or conducting business to name a few. The automatic orders in a divorce case are an example of a type of restraining order. The automatic orders are contained in Domestic Relations Law Section 236. They are to be followed in a New York divorce except if they are terminated by a court order, written agreement or otherwise which have to deal with restraints on transferring money, incurring debts, and taking money from retirement accounts among other things. For questions about automatic orders in a divorce feel free to contact my office. The divorce automatic orders will be the subject of a future blog article.
Orders of protection in family court usually come about as a result of family offense petitions which I have previously written about. An order of protection, however, could also be a part of a custody case for the protection of children. Custody cases are initiated by separate petition from a family offense proceeding. An order of protection could be issued as part of a neglect or abuse case too, in family court. Divorces are done in the Supreme Court which also has the power to issues orders of protection in a matrimonial proceeding. Violations, misdemeanors, and felonies are usually prosecuted in the criminal, district, village and county courts in New York. Non “family” victims as well as “family” victims can be entitled to orders of protection aka protection or restraining orders against a defendant as part of a criminal prosecution.
As always, please see my other blog articles, website, use our contact form or call if you have any questions to take advantage of your free initial consultation. It would be our pleasure to hear from you!