What to Know About Temporary Orders of Protection in New York

An order of protection is a type of court order issued with the intent of limiting the behavior and actions of a person who threatens or harms another person in any way. It is frequently used for situations involving domestic violence, but can be used in a wide variety of circumstances.

There are multiple kinds of orders of protection (also known as restraining orders). Temporary orders of protection are most commonly used in emergency situations to grant someone protection from an antagonist while the courts figure out a more permanent solution. This is why they are used so widely in cases involving domestic violence — because there is an element of urgency involved. Orders of protection are also frequently used in criminal cases, when a district attorney requests an order of protection for the victim or a complaining witness.

The New York State Coalition Against Domestic Violence provides a variety of resources for people in need of protection on its website.

What happens if someone violates an order of protection?

Violating an order of protection, whether it’s temporary or final, is a crime. You should call the police immediately if the subject of the order does not obey its stipulations. The police will take the individual into custody for a restraining order violation. There does not need to be any actual violence for it to be a violation — usually these orders have specific information about how close a person can come to you.

For more information on getting an order of protection, speak with an experienced divorce lawyer at Bryan L. Salamone & Associates.