What is a family court order for protection in New York?

On Behalf of | Nov 27, 2018 | Domestic Violence |

In New York, it is an unfortunate truth that a dispute between people who are involved in a relationship will sometimes become violent. These situations are dangerous from the start and it is important for the victim to understand that there are protections available to stop the abuse. One beneficial strategy that will prevent the alleged abuser from continuing the treatment is to get a Family Court order for protection. When thinking about this option, it is imperative that the person understands how to move forward with it and has help from a legal professional experienced in these matters.

This type of protective order will be issued in a civil proceeding. The goal is to put an end to family violence or violence between people who are involved in an intimate relationship. It protects those who have been impacted by these behaviors. To receive a protective order, one of the following circumstances must exist: it involves a current or prior spouse; it is someone with whom the person shares a child; it is a family member to whom the person is related by marriage or blood; or it is someone with whom there is or was an intimate relationship.

Regarding the intimate relationship, it is not necessary for it to have been sexual. There are other factors that could be deemed sufficient for it to be categorized as intimate, including the frequency with which the couple saw each other and the length of time they had known one another. Once the filing has been made, it is up to the court to determine if there was an intimate relationship or not. The form needed to file for a protective order is a “Family Offense petition.”

No one wants to remain in a relationship where they feel unsafe. When there has been physical abuse, emotional abuse or any other form of abuse, it is possible to get an order for protection to put an end to it. There are steps that must be taken and it is wise to have legal help before pursuing this option. A law firm that has experience in helping victims of abuse to get a protective order should be called for advice immediately.