Restraining Order Applications

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Commonly Asked Questions about Restraining Order Applications

What is another name for a restraining order?

Though its name can vary state-to-state, a Protection Order (also referred to as a Civil Protection Order, Stay Away Order, and a Protection from Abuse Order) requires your abuser to do or refrain from doing certain actions. Protection orders are part of the civil justice process.

What is a refrain from order in NY?

If it is a Refrain From Order of Protection, you can live together and have contact, but you are prohibited from harassing, intimidating, threatening or otherwise interfering with the person protected by the Order.

How long does order of protection stay on your record in NY?

A permanent order of protection is not really permanent. It typically is for one year, but sometimes expires after 5 years. If There Is an Order of Protection Against Me, Will I Have a Criminal Record? An order of protection alone will not cause you to have a criminal history.

What is the National Extreme Risk Protection Order Resource Center?

The Justice Department has launched the National Extreme Risk Protection Order Resource Center (ERPO RC), which will provide training and technical assistance to law enforcement officials, prosecutors, attorneys, judges, clinicians, victim service and social service providers, community organizations, and behavioral

What is the purpose of an extreme risk protection order?

Extreme Risk Protection Orders (ERPOs)often known as red flag lawsempower families and law enforcement to prevent gun tragedies by temporarily restricting access to guns for individuals at an elevated risk of harming themselves or others.

What is an extreme risk order of protection in NY?

An Extreme Risk Protection Order (ERPO) is a court order issued when a person may be dangerous to themselves or others. An ERPO prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess.

What is the penalty for violating the order of protection in NY?

For violating a New York order of protection the court could hold you in contempt. Criminal contempt in the second degree is a class A misdemeanor that can be punished by a maximum one year in jail and/or a find of $1,000.