What is an
Order of Protection?

An Order of Protection is a document issued by a court to help protect you from harassment or abuse. In an Order of Protection, a judge can set limits on your partner’s behavior. Among other things, judges in all courts (criminal, Family and Supreme courts) can:

• order your partner to stop abusing you and your children;
• tell your partner to leave and stay away from your home, your workplace, and your family;
• direct your partner to have no contact with you—including no phone calls, letters, or messages through other people; and
• order your partner to stay away from the children, their babysitter, day care, or school.

In addition, Family Court judges can:

• decide issues related to custody, visitation, and child support;
• order the abuser to pay for expenses related to the abuse such as medical care and property damage; and
• decide on the division of certain kinds of personal property.

Once an order is issued, only a judge can change it. If the order includes a stay away provision and your partner comes to your house, he is violating the order and can be arrested even if you invited him . If you want changes to an order, you must request them from the court.

How can an Order of Protection help?
While an Order of Protection cannot guarantee your safety, it can help.

• Police are likely to take your calls more seriously if you have an Order of Protection.
• Your partner can be arrested and put in jail if he violates an Order of Protection. In fact, in certain circumstances, police are Required to make an arrest.
• If you have left your home, an Order of Protection can make it easier for you to get the police to go with you to get your personal belongings.
• If you are being stalked or harassed at work, an Order of Protection can protect you at your job.
• Violations of certain provisions of an Order of Protection can result in your partner being charged with a felony.

How do I get an Order of Protection?
Two types of courts are available to provide protection to victims of domestic violence—criminal and civil.

Family Court is a civil court with the goal of protecting you and your family. You can go to Family Court if you are legally married to, divorced from, or otherwise related to your abuser, or if you have a child in common with your abuser. If you are eligible for Family Court, you can choose to go to Family Court or criminal court, or both at the same time.

Criminal Court punishes crime by imposing fines, jail time, and/or probation. Criminal court is available to all victims of domestic violence whether or not they are related to the abuser.

Supreme Court is also a civil court. If you are getting a divorce, separation, or annulment, you can request an Order of Protection at any time before the trial or settlement is final. When an Order of Protection is part of a divorce order from Supreme Court, it is permanent and will not expire. But getting changes in a Supreme Court order can be difficult and expensive. So you should request that the Order include a provision that any future changes can be made in Family Court.

How do I decide which court to go to?
If you are eligible for Family Court, you may want to consider the following factors in deciding between Family, criminal court or both.

• To get a criminal court order, there must have been an arrest or a criminal charge.
• It is often easier to get a Temporary (or emergency) Order of Protection from Family Court.
• A Family Court Order of Protection can do more than a criminal court order.
• Criminal cases require a higher level of proof of what happened than civil court cases and often take a longer time to be decided.
• For a case to proceed in Family Court, you must follow the case through, but in criminal court, the District Attorney can decide to follow a case through with or without your involvement.

What is an Order of protection? was adapted with permission from the Domestic Violence Handbook, 1995 Edition, developed and published by the New York State Coalition Against Domestic Violence.

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