If you or your children are victims of domestic violence in New York, you may obtain an order of protection—also known as restraining orders—to prevent the abuser from coming near or contacting you or your loved ones. There are two types of protective orders in the state: a temporary ex parte order of protection and a final order of protection.
Temporary Ex Parte Order of Protection
You may obtain a temporary order of protection in family court if a judge believes there is “good cause” to issue the order, which generally lasts until the date of a full-court hearing. However, if the hearing does not occur on the date set forth in the order, the judge will often extend the order from one court date to another.
If the family court is closed when you need to file a temporary order of protection, you can do so through criminal court. The temporary order from the local criminal court generally lasts up to four (4) days and will be transferred to family court, where the case would be scheduled for the next available court date in order to file your petition.
Final Order of Protection
On the hearing date, both sides will be able to present their side of the story. Once a judge reviews the evidence, he/she will either grant or deny the final order of protection.
In most cases, a final order of protection lasts up to two (2) years. However, if there are one or more “aggravating circumstances” that are apparent, then the order may be valid for a maximum of five (5) years.
The following are the common types of aggravating circumstances:
Bodily injury or serious bodily injury
Use of a firearm or a dangerous instrument
A prior criminal history of domestic violence or violating orders of protection
Prior actions or incidents of the abuser that make a judge believe the victim is in immediate and ongoing danger
If you or a loved one is the victim of domestic violence in Brooklyn, contact Arnel Law Firm today at (718) 550-3024 to let us help you get the protection you and your children deserve. More than 35 years of family law experience!
