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Call:
(347) 974-9434
In New York State, any criminal attorney would inform you there are only three venues where one can obtain an Order of Protection, which is sometimes called a Domestic Restraining Order in other states. These venues are the New York Criminal Court, the Supreme Court Matrimonial Part, and the New York Family Courts, as they are the only courts authorized to issue an Order of Protection.
When a defendant faces a criminal charge involving violence or the threat of violence, a Criminal Court Judge will issue a temporary Order of Protection. The defendant’s criminal lawyer will inform them that this order will remain in effect until the next court appearance. There are two types of Orders of Protection.
Stay Away Order
Known as a full order, a stay away order requires the defendant to have no contact with the complaining witness, including through third parties. Additionally, the defendant must avoid the home, workplace, school, or any location the complaining witness is known to frequent.
Purposefully violating an order by the court in this instance would be an A misdemeanor.
The duration of an Order for Protection
A temporary Order for Protection stays in place while a criminal case is ongoing and will last until the next court appearance.
Once a case concludes, the judge can issue an Order of Protection, which remains in effect for one year, or a permanent order, which does not expire. The duration of the order depends on the degree of any future threat to the complaint.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.