In New York State, Orders of Protections may be obtained in Supreme Court,
Criminal Court and in Family Court. In Supreme Court, an Order of Protection may only be obtained when a matrimonial action is pending. In Family Court, an Order of Protection may only be obtained, when the parties involved are spouses or former spouses, parent and child, or “members of the same family or household.” More specifically, parties are members of the same family or household when:
The persons are related by consanguinity or affinity;
The persons are legally married to one another;
The persons were formerly married to one another; or
The persons have a child in common regardless whether such persons have been married or have lived together at any time.
Such incidents which would give rise to the need for an Order of Protection between
two people having a relationship as enumerated above, is where one person assaulted, attempted to assault the other person, or engaged in disorderly conduct, harassment, stalking, menacing or reckless endangerment toward any such person.
After such an incident, the victim (the petitioner for purposes of the Court
proceeding) can go to the Family Court in their county and fill out a petition (a form), where they should be as specific as possible, detailing the time, place and manner in which the offense occurred. The person committing of offense will be referred to as the respondent for purposes of the Court proceeding. For example, a party, seeking an Order of Protection against another, may put in his/her petition the following:
On March 25, 2008, at approximately 1:15 p.m., Respondent and I were
engaged in an oral argument in the kitchen of our marital residence. The
Respondent raised his left hand and struck me across the face with an open
fist, hitting the right side of my cheek, leaving a red mark and bruising. This
caused me to fear for my safety.
It is also important to list any medical treatment received as a result of the
incident(s), or any police reports that were filed.
After the petitioner fills out the petition, they will go before a Judge of the Family
Court, who may issue a temporary Order of Protection. This may occur without the
Respondent having notice of the proceeding or being present. Therefore, the petitioner will usually be given a date to return to Court within a short period of …