An Order Of Protection is obtained by filing a Family Offense Petition with the Family Court establishing that an act of domestic violence or harassment has been perpetrated against an alleged victim. The initial protection order is issued on a temporary basis and then the parties return to Court to determine whether the protection order should be made permanent for a period of time (generally one year in most cases).
Family Court orders of protection are very powerful tools especially if filed in the context of a divorce or custody case. Therefore it is important to defend them vigorously. If the petitioner also makes a criminal complaint, you my find yourself defending cases in both Family Court and the Criminal Court. The cases then could be transferred to the Integrated Domestic Violence Court (IDV).
Violations of an Order of Protection can be treated as a felony, misdemeanor, or contempt of court. Felony charges are typically reserved for repeat or serious violations. Sometimes violations also result in new charges.
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