Nys Family Court Act, Tiem to Srve, Order of Portection

Domestic Violence Resources

Safety Planning

Information For Those Seeking A Family Court Order of Protection

FAQs (Frequently Asked Questions)

Who Can File a Petition in Family Court?
How Do I File a Petition in Family Courtroom?
What Should I Put on My Petition?
What's the Difference Betwixt a Temporary and a Final Order of Protection?
Tin can I Ask for Custody of or Visitation with My Children?
When Will I Encounter the Judge?
What Practise I Say to the Judge?
Where Do I Get the Temporary Gild?
Does the Respondent Have to Know about the Petition?
How Exercise I Serve the Petition and Temporary Order of Protection?
What If I Don't Know Where the Respondent Lives?
What If the Respondent Has Not Been Served?
What If I Decide Not to Pursue the Order of Protection?
What Happens If I Don't Come up Dorsum to Court?
What If I Am Agape to See the Respondent in Court?
What Happens When I Come Back to Court on the adjacent Court Date?
Am I Entitled to an Attorney?
What If the Respondent Violates the Gild of Protection?

Who Can File a Petition in Family unit Courtroom?

Y'all tin can file a petition in Family Court for an gild of protection if

ane) you are related to the respondent by blood or marriage;
two) yous are or were legally married to the respondent;
iii) you lot have a child with the respondent; or
iv) you are or were in an intimate relationship with the respondent.

Factors the court may consider in determining whether a human relationship is an "intimate relationship" include but are not limited to: the nature or blazon of human relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction betwixt the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between ii individuals in business or social contexts shall be deemed to constitute an "intimate relationship".

Y'all may proceed for orders of protection in Family or Criminal Court or both.

If you need an social club of protection against someone else, you can only get ane through Criminal Courtroom. To become a criminal courtroom order of protection, the constabulary must arrest the person or y'all may go to the Court Dispute Referral Center.

How do I File a Petition in Family Court?

Yous must get to the Help Center ("Petition Room") between 8:30-5:00 Mon.- Fri. Afterward you tell the clerk at the front desk you are there, you will be given forms to fill out, including one to write down the incidents of violence. When your name is called, you lot will run across a clerk who volition write the petition based on the information y'all gave on the grade.

In that location are no filing fees in Family Court.

What Should I Put on My Petition?

Write downwardly as many details as possible. In order to obtain an order of protection you must state that a "family offense" occurred. Many actions are family unit offenses, such equally when a person verbally, physically, emotionally, or sexually abuses you lot, or threatens to injure you lot. Draw when each incident occurred, where it occurred, what happened, whether you were injured (bruises, cuts), and whether weapons were used. It is best to include the most recent incident, the get-go incident and the worst incident. If there was verbal corruption, tell the clerk the verbal words the respondent used. Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Before you sign the petition, read it advisedly and tell the petition clerk if anything important has been left out. Make sure the petition is authentic and fully states what you want to tell the Judge.

What can I ask for in my petition?
Well-nigh temporary orders of protection say that the respondent must not assault, menace, or harass you, simply yous tin can ask for boosted terms. Y'all must tell the petition clerk specifically what you would like the Judge to order. Some of these things may exist in the temporary guild and some may exist in the final order. Yous can ask for:

1) Stay away: The court can order the respondent to stay away from you, your home, your job, your children, your children'south school or any other place or person the court finds necessary.

2) Refrain from certain acts: The courtroom tin can social club the respondent to stop abusing or threatening to corruption you or your children. The order can be specific, such as, ordering the respondent to stop calling you at piece of work.

3) Collect your property: If you practise not want to return habitation, y'all can ask the court to allow y'all to enter your home with the police to collect your personal belongings at a certain date and fourth dimension.

four) Exclude the respondent from the habitation: If the respondent is dangerous to you lot or your children, y'all tin inquire the courtroom to club the respondent out of the home ("excluded") while the order of protection is in effect. It does not thing that the home is non in your proper noun.

5) Temporary kid support: The court can order temporary child back up based on the needs of the kid. You do not have to show how much money the respondent has or earns. Since the child back up is only temporary, y'all volition still take to file a dissever petition for child support. Y'all can practise this on the 1st flooring of the Family unit Courtroom. The case will be heard by a Support Magistrate in about two or iii months, just you lot can become support back to the date you filed the petition.

half dozen) Revoke or suspend firearms: The court can revoke or append respondent'due south license to deport firearms or society surrender of any or all firearms owned or possessed by respondent.

seven) Five year gild: Virtually Family Court orders of protection are for two years. Yous can get a five year order of protection if in that location are "aggravating circumstances", or if the court finds there was a violation of an society of protection. Aggravating circumstances be where there is concrete injury, the respondent used a weapon or other dangerous instrument confronting you lot, there is a history of repeated violations of prior orders of protection, the respondent has been convicted of crimes committed against you in the past, there is exposure of any family or household member to physical injury, or other behaviors that pose a danger to you, your family or other household members.

What's the Divergence Between a Temporary and a Final Social club of Protection?

A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. Information technology only lasts until the side by side time that you are in court. The courtroom ordinarily will extend the temporary order at each court engagement until the instance is over. If a last club of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final society lasts for two or five years. A final order of protection tin also include:

1) Restitution: If the respondent damaged whatever of your belongings (e.m. car, windows, furniture), the court tin society the respondent to pay damages ("restitution") upwardly to $10,000. You will have to prove the value of what was damaged.

2) Medical expenses: The court tin can order the respondent to pay for any medical expenses arising from the abuse.

iii) Participation in a Plan: The court can social club the respondent to participate in services, such as a batterer's pedagogy programme, or make referrals for drug or alcohol counseling.

Tin can I Ask for Custody of or Visitation with My Children?

1) Custody: You can inquire the courtroom to order that the respondent not interfere with custody of your children as function of the order of protection. This order volition last for as long as the order of protection does. You may also file a separate petition for custody. The clerk volition help you lot file a petition for custody. Either parent can file a petition for final custody at whatever time.

2) Visitation: The courtroom may guild visitation for either parent as function of the order of protection. The courtroom can specify times for the visits and prophylactic places to commutation the child, such as a police precinct or friend's dwelling house. If necessary, the courtroom tin can order supervised visits. The visitation social club will last simply as long as the gild of protection. Either parent may file a separate petition for visitation at any time. However, the court may direct that a separate petition exist filed to determine this outcome.

When Will I See the Judge?

After the clerk drafts the petition, you volition look to meet a Estimate on the 2d floor. The Judge will review the petition and determine whether there is good crusade to issue you lot a temporary order of protection. The Judge will order a summons to serve on the respondent and a appointment to come back.

What Do I Say to the Judge?

The Gauge may ask you questions nigh what you said in the petition. The Judge will make up one's mind whether to consequence a temporary gild based on your petition and answers to the questions. Tell the Judge if you want the respondent excluded or demand temporary child support. Fifty-fifty if the Estimate does non consequence the temporary order of protection, you may get one later. If y'all can't afford a lawyer, yous tin ask the Estimate to appoint one for you.

The Guess will ask you how y'all want to serve the papers. (The different options are listed below.) The courtroom may issue a warrant directing that the respondent be brought immediately before the Family Court. Warrants are issued under special circumstances, such as when your condom or the rubber of your child is at risk.

Where Do I Get the Temporary Order?

Afterward you accept seen the Judge, you must await to pick upwardly your papers in a designated waiting area. You volition receive your copies of the temporary order of protection, if one has been issued. You lot will besides receive a summons and re-create of the petition for the respondent, if you are arranging service on the respondent.

Does the Respondent Have to Know about the Petition?

Yes. You can not get a final social club of protection unless the respondent has received notice of the case.

How Practise I Serve the Petition and Temporary Society of Protection?

The summons with notice, petition for an order of protection and temporary guild of protection must exist personally served (handed to) the respondent. Any person over xviii years one-time, except you, may serve these papers. The police, the NYC sheriff, a friend or relative tin can serve the papers. You can likewise rent a process server. You (the petitioner) may never serve the papers yourself. Papers for an lodge of protection may be served any day of the week at any fourth dimension of the twenty-four hour period or dark.

1) Service past the NYC Sheriff:

There are ii ways to have the Sheriff serve the papers. You can have the papers to the Sheriff's office in the county that you filed your petition in, or the Court tin can straight the Sheriff to serve the papers. If the court directs the Sheriff to serve, the Court will forward the papers to the Sheriff's office.

If the Sheriff does the service of the papers, they volition send the Court the proof of service or if they are unable to locate the respondent the proof of attempted service. The order of protection is not in effect until it has been served.

Yous can sign up to be notified past the Sheriff when the papers are served at Www.NYALERTS.COM

two) Service by police: The police will serve the papers when the NYC Sheriff'southward office is closed.

Yous can take the papers to the precinct yourself and go with the police to serve the papers.

If you want the police to serve your papers, go to the precinct where the respondent lives, works, or is to be served. The law may ask you to get with them. (You will remain in the police auto.) Sometimes, the police will let you requite them a pic of the respondent instead of request you to go with them. The law are required to make six attempts to deliver the papers. Once the respondent has been served, the police must give you lot a "Statement of Personal Service" which does not need to be notarized. If the police have been unable to deliver the petition after six attempts, they must give you lot a statement showing the date and times of the attempts. Ask the police officer for the statement of personal or attempted service and make certain it is signed. Bring this statement with you on the next courtroom date.

3) Service by relative, friend, or process server:

If a friend or relative gives the papers to the respondent, this person must complete an "Affidavit of Service" and take it notarized. You must bring this with yous when you return to court, or the case will be postponed or dismissed. Yous may also bring the person who served the papers with you to court.

What If I Don't Know Where the Respondent Lives?

The respondent may be served anywhere. As long as y'all tin arrange for the respondent to exist personally served with the court papers, information technology will non matter if you don't know where the respondent lives.

What If the Respondent Has Not Been Served?

You lot should come back to court even if you take not been able to serve the respondent. Tell the Judge the efforts you made to serve the respondent.

If the Sheriff attempted service:

The Sheriff will have sent the courtroom the proof of attempted service. When you lot return to court, the Judge may give you lot more time to try to serve the papers on the Respondent. Yous tin can ask the Judge for other ways to serve the respondent, such as service by certified post. You can too ask the court to issue a warrant if you cannot find the respondent or if he is avoiding service.

If the law attempted service:

If the police attempted service note the date and times, precinct number, and officers' names who attempted service. Try to get a statement from the police showing their attempts to serve the Respondent. If someone other than police attempted service, write downwards the dates, times, and places that service was attempted. When you render to court, the Guess may give you more than time to endeavour to serve the papers on the Respondent. You can inquire the Gauge for other ways to serve the respondent, such every bit service by certified mail service. You lot tin can also ask the court to issue a warrant if y'all tin can non find the respondent or if he is avoiding service.

What If I Decide Non to Pursue the Club of Protection?

You may change your mind once you have started the case. If you decide not to pursue the order of protection, you lot may wish to come dorsum to court or ship a letter asking that your petition be withdrawn "without prejudice." This means that if yous change your mind over again, and wish to re-file at a later on date, you can raise the same allegations again in a new petition. You can ever come back to court if a new incident occurs.

What Happens If I Don't Come Dorsum to Courtroom?

It is very important for you to come to courtroom on your adjourn date. In case of a serious emergency, ship someone in your place to explain your absence or notify the court by phone or in writing. It is upward to the Gauge to determine whether to grant yous an adjournment. If you lot practise not appear, your case may exist dismissed and you lot will no longer have a temporary order of protection.

What If I Am Agape to Meet the Respondent in Court?

When you arrive at court, notify a courtroom officer in the part (room) where your case is being heard that yous are afraid to meet the respondent. The officer can suit for you to stay in a identify away from the respondent until the Judge calls your case. One possibility is the Safe Horizon Reception area in the courthouse - ask the courtroom officer where that tin can exist located. Make sure that a courtroom officer knows you are there and where you are waiting. Y'all tin inquire a court officer to escort you from one location to another or to help keep the respondent away from you. You may as well bring a friend, relative or an advocate to court with you lot who can come with y'all into the court.

What Happens When I Come Back to Court on the adjacent Courtroom Date?

You will have to render to court to enquire for your concluding society of protection. The respondent has the right to a hearing. Yous may run into a different Estimate from the ane you saw the first time. The Estimate y'all see on the next court date is the Judge probable to make up one's mind your case.

If the respondent does non come to court: You will exist asked to show the Judge that the respondent was properly served. Yous will need to give the Gauge an affirmation of service from a relative or friend, or if the police served the respondent, a statement of service from the police. If the Sheriff served the respondent the Courtroom volition receive the proof of service directly from the Sheriff. If the courtroom does not conclude that the respondent was properly served, your petition may be dismissed or you may be given more time to serve. If at that place are serious allegations, the court might also issue a warrant to bring the respondent back to court immediately.

If the court finds the respondent was properly served, the court will ask you to explain the incidents that you allege in the petition. This is called an Inquest. Be specific: speak clearly and organize your thoughts. Don't forget to tell the Judge if a weapon was used or you were injured. If the Estimate finds that a family unit offense has occurred, the Judge will upshot a final order of protection. You lot volition receive a copy of the society the same mean solar day. The respondent must be served with the last order of protection for it to be in issue. This is of import in case the respondent violates the order.

The Judge may order the Sheriff to serve the terminal social club on the respondent, but ultimately it is the responsibleness of the petitioner to make sure the respondent was served.

If the respondent comes to court: Typically, you will see a court attorney (the Approximate's constabulary assistant) earlier you see the Judge. You tin ask to speak to the court attorney separately from the respondent. The courtroom attorney will ask the respondent if he or she will concur, to the last guild of protection. 2 things can happen:

a) If the respondent agrees to an order of protection: When respondents agree to an social club of protection, they unremarkably consent to the social club without admitting that they have done anything incorrect. This means the court has not made a finding confronting them. An guild without a finding ("on consent") has the same effect and volition protect you the same way that an order afterwards a trial would. If the club is violated, the respondent can be arrested. Withal, an order on consent does not found that the respondent did annihilation wrong for employ in other proceedings, such every bit custody or visitation.

b) If the respondent does not agree to the order of protection: If the respondent does not concur to an society of protection and all of the terms you asked for, your example will become to trial. If there is a trial in your case, there may be several court dates earlier information technology is resolved. Yous volition have the opportunity to tell the Judge your story and present show in support of your case.

Am I Entitled to an Attorney?

Both petitioners and respondents in family crime cases are entitled to court-appointed ("eighteen-B") attorneys if they are "indigent" (cannot afford to retain an attorney). Merely the Judge tin decide if you authorize for an attorney. The Guess may non appoint an chaser unless you inquire for i. You can ask for one at any fourth dimension. You can also try to discover an chaser on your own. A list of legal services offices appears beneath. If your instance goes to trial, you may need an attorney.

CourtHelp - Lawyers & Legal Help

What If the Respondent Violates the Order of Protection?

It is a crime to violate a temporary or final social club of protection. If the respondent does non obey the order, then you lot can call the police. The constabulary volition probably arrest the respondent for violating the order of protection. The respondent does not have to hitting you to violate the order. If the respondent comes to your home and the order says he can't, then you can call the police. You also have the right to file a violation of the gild in Family Courtroom. Filing a violation in Family unit Court usually will non outcome in abort of the respondent. Y'all can choose to go to Family or Criminal Court, or both.

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Source: http://ww2.nycourts.gov/COURTS/nyc/family/faqs_domesticviolence.shtml