In New York, it is unfortunate that there is abuse and allegations of abuse in some relationships. For the alleged victim and the person who is accused of committing the abuse, it is important to understand how the law acts to provide protection and limit the contact. The aspects of an order for protection include a Family Court order, criminal court order, and a Supreme Court Order. Both parties should be aware of how they differ and act accordingly. As always, having legal assistance and advice is vital to a case.
When there is a Family Court order for protection, it is done in a civil case. This is to prevent violence in a family or between those who are involved in an intimate relationship. When seeking a Family Court order for protection, the relationship between the person alleging abuse and the other person must involve: a current or previous spouse; a person with whom a child is shared; a family member to whom he or she is related via blood or marriage; or someone with whom there was an intimate relationship. The intimate relationship does not need to have been sexual.
With a criminal order for protection, the defendant will be released from incarceration or be bailed out and have conditions as part of that release. It can only be issued if the person was criminally charged. The case will generally begin once an arrest is made, but the district attorney can begin a case prior to an arrest. The person who has been charged with abusing the other will be the defendant. The abused person is the complaining witness. With a criminal order for protection, a relationship between the parties is not necessary. The D.A. will request there be an order for protection for the complaining witness. A judge decides on the details of the order for protection.
A Supreme Court order for protection is issued when there is a divorce proceeding. There must be a written request to get a Supreme Court order of protection or an oral request can be made during a court appearance. Since a person is well-advised to have legal representation in a divorce, the attorney can make these requests. The judge will determine if there should be an order for protection and its terms.
Family law cases are complex and they become even more difficult when there are allegations of abuse. When seeking to receive a protective order, it is wise to have legal assistance. A law firm that has extensive experience in all areas of family law should be called regarding these difficult circumstances.