Anyone of any age can apply for an Order of Protection. What is an Order of Protection? An Order of Protection is a signed document by a judge that states that a person who harmed and/or threatened you is not allowed to assault/threat, they have to stay away, and no contact with you. Where can you get the Order of Protection? An Order of Protection is issued in courts. Some victims go to criminal court to file for an Order of Protection. Young people can also get an Order of Protection in family court. Also you can have an Order of Protection from both courts and there are no fees for getting an Order of Protection. Orders of Protection can last to 2 to 8 years depending on the facts of the case between you and you abuser.
Anyone can file for Criminal Court. The Criminal Court process starts when you file a complaint at the precinct or when the police report to an emergency call. A Domestic Violence Prevention Officer will ask questions about what happened and fill out a statement. You will be asked to sign the written statement stating what happen between you and your partner. Once the abuser has gotten arrested and charged, he/she would be given a date to come into court. You don’t have to testify against the abuser in court. You can be given an Order of Protection several times until the next court date. In Criminal Court the official Order of Protection is when the abuser is found guilty at trail. In Criminal Court an Order of Protection is mostly common last for 2years depending on the crime. Some Orders of Protection last 5 or more years because of the changes or felonies in the case.
Family court is for partners who are married or divorced, have a child, are related by blood or marriage, and have an intimate relationship. For an Order of Protection for Family Court you don’t have to go to the police and file a report, you have to fill out an application with Family Court and you must give you and your abuser’s living information and state and a description of what happened. Before the court date the judge would give you a temporary Order of Protection if they feel like you really need it. In court you need someone who’s 18 and older to give the abuser the court papers.
Orders of Protection are confusing because the process can be confusing and the Order of Protection and restrain orders are the same thing. Some people think they are different but they are the same just a different name. Teens can get free legal services from DayOne. People who are not documented can also get an Order of Protection. Orders of Protection are important because it helps the victim scared of their abuser and that the abuser can’t hurt them no more. –Dominique