ORDERS OF PROTECTION

Who Qualifies for an Order of Protection?

In order to file for an order of protection, the petitioner and respondent must have one of these relationships:

• Current or former spouses

• Relation by marriage, blood, or adoption

• An intimate relationship (not necessarily sexual)

• Having a child together

The petitioner must also have a suitable reason for requesting protection.

A family offense petition may be filed when a family offense has been committed. The following acts constitute family offenses:

• Disorderly conduct

• Unlawful dissemination or publication of an intimate image

• Harassment

• Aggravated harassment

• Sexual misconduct

• Forcible touching

• Sexual abuse

• Menacing

• Reckless endangerment

• Criminal obstruction of breathing or blood circulation

• Strangulation

• Assault or attempted assault

• Stalking

• Criminal mischief

• Identity theft

• Grand larceny

• Coercion

How to File for an Order of Protection

When a party files a petition for an order of protection, a temporary order of protection may be put in place. Both parties will appear in court with their legal counsel for a conference, and a hearing date will be set. The restrained party has the choice to either agree to the order or contest it or proceed to a hearing, allowing the judge to determine if a family offense was committed.

If the protection order is granted, it may stay in place for a year or more. When the order of protection is due to expire, the protected person has the option of filing to extend the order if he or she still feels threatened.

Consequences for Violating an Order of Protection

Although an order of protection is issued in the civil court system, violating it is a crime. For nonemergency violations, the petitioner must file a petition with the family court. The court may then find the violator in contempt, punishable by up to six months in jail. In emergency violations, the police may arrest the violator.