Protection Orders

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Commonly Asked Questions about Protection Orders

Does an order of protection go on your record in NY?

Will an Order of Protection Be on My Criminal Record? Yes, anytime someone runs a background check on you, they will see that you have had an order of protection taken out against you even if you are not criminally charged with anything.

What is the difference between a restraining order and an order of protection in NY?

In New York, an order of protection is a legal term that refers to a protective order, commonly referred to as a restraining order, issued by the court as a means to help keep a person safe from further abuse or other harm or harassment.

What is an order to protect?

It is a legal document in which a Judge orders someone to follow specific conditions of behavior that is, tells someone things that they must or must not do. Police can make immediate arrests if they have reason to believe those conditions have been violated.

How does order of protection work in NY?

Any order of protection can order someone: To stay away from protected person and children and anywhere they frequent like work or school. Not to commit acts that would be harmful. To allow one party to go to residence with law enforcement to get their property.

What proof do you need for a restraining order in New York?

Proving Harm The testimony of any witnesses, such as a family member, who saw the respondent harm you. A police report that documents physical harm you sustained as well as any history of repeat violence. Medical records reflecting treatment for harm done. Photos or videos of any injuries caused by the respondent.

What happens when you violate an order of protection in NY?

If a Family Court order of protection is violated, the respondent can be arrested by the police and charged with Criminal Contempt as either a misdemeanor or felony. A conviction can lead to jail or even time in a New York State prison.