Powers Law, P.C.

What Is An Order Of Protection?


An order of protection is an order that is issued by the court for one party to stay away from another. There are two types. One is a “stay away” order, which is one party’s order to stay away from the work, home, school, or business of another person. The other is a “refrain from” order, which means that both parties can be together but the party who has the order against him or her has to refrain from acts of violence, intimidation, threats, and harassment against the other party. We often see both types of orders of protection in domestic violence cases. In other alleged domestic violence cases, where the judge doesn’t see fit to displace one of the parties from his or her home, a judge will issue a “Refrain From” order in order to keep the peace.

Who Can Actually File For An Order Of Protection In A Domestic Violence Case In New York?

The claim can be made by any person who has had an intimate relationship with the other person, or family. Even a cousin against a cousin would be subject to a domestic violence order of protection. Certainly, spouse or domestic partner can make that claim. In most cases, the court is going to err on the side of caution and issue an order of protection.

Are Orders Of Protection Always Put In Place When There Is A Domestic Violence Related Arrest?

In New York, an order of protection is usually put in place upon a domestic violence arrest. It’s unusual that an Order is not put in place. After one is requested by the prosecutor it becomes an easy decision for the Court to grant the application because there is often a fear that if an Order is not issued some harm could come to the person seeking the Order. It’s a way for the Court to do its best to protect the interested party and itself.

How Long Is An Order Of Protection In Effect For In New York?

The Order could be in effect for the pendency of the court case. That is called a temporary order. The order can become a permanent order if the client pleads guilty to an offense, if that occurs an order may remain in effect for one year and up to several years. An order will be dropped if a case is dismissed.

Will There Be Any Sort Of Hearing For An Order Of Protection Placed Against Me?

I often ask for the opportunity for an order of protection hearing, especially if my client is a spouse who has been displaced from his or her home, with nowhere else to go. These orders of protection often put someone out on the street and if you don’t have family or friends, or enough money to get a hotel, you are living out of your car or worse. The court, depending on who the judge is, sometimes will grant that order of protection hearing and then we find out whether or not that order, the way that it actually stands, is necessary or not under the circumstances.

Is It Possible To Plead Your Case And Have An Order Of Protection Dropped?

Many times, as part of a resolution to the case, we require an order of protection to be dropped. We would require the District Attorney’s office to consider dropping the order of protection, so that our clients can either go about their lives without an order in effect by the court, or go back to their spouse. Many times, the accusation of a domestic violence incident, after some time, becomes clear as to what happened and some of the parties decide not to go forward, and they don’t want an order of protection in effect. It’s very important to take into account your client’s need at the end of the case.

For more information on Orders Of Protection In Domestic Violence Cases, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (631) 994-7504 today.

John T. Powers, Esq.

Get your questions answered - Call now to speak with an attorney about your legal needs (631) 994-7504.

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