for a consultation
News about Divorce Law in New York State
Articles on New York Divorce Law
Recent Entries«Return to Main Blog Page
Aug 2018Can I sue for abandonment?
Jun 2018What is Mediation?
May 2018What will happen in Divorce Court?
Apr 2018What is the Appellate Division Like
Mar 2018What is a Separation?
Feb 2018HOW DO I GET AN ORDER OF PROTECTION
Feb 2018WHAT IS CHILD SUPPORT?
Jan 2018CAN I GET ALIMONY?
HOW DO I GET AN ORDER OF PROTECTION
February 6, 2018
HOW DO I GET AN ORDER OF PROTECTION?
You can file for an Order of Protection in Family Court in the County where you reside if you are related to the person or married to the person who harmed you. This is called an Article Eight Family Offense Petition.
You may also apply for an order of protection if you have an intimate relationship with someone or a child with someone, whether or not you are living together. You may also file for an Order of Protection in Criminal Court. The Criminal Court is usually open at night so you can go there at any time. Do not be afraid to call 911 as the police will assist in protecting you from immediate harm.
In Family Court, you do not need a lawyer to get an Order of Protection, although it is always advisable to speak to an attorney before you go to court, if circumstances permit.
In Family Court, you can go to a room that is entitled Petition Room. There the clerk of the court will assist you in filling out all the forms you need. You will have to list all the reasons why you need an Order of Protection and the dates and times and ways you were threatened or harmed.
It costs nothing to file for an order of protection.
Do so if you are at risk of harm only or if your children are at risk of harm. The Court is there to help you.
As an aside, do not make up false allegations thinking you can get a leg up in a custody case, as this will come back to haunt you!