Orders of Protection
New York Orders of Protection Counsel from Attorney Jennifer P. Brown
In New York, both the Family Court and the Supreme Court are empowered to grant Orders of Protection where domestic violence has been committed. The requirements are that there is a relationship either (1) by blood or marriage, or (2) by living in the same household, or (3) there is an intimate relationship. This third prong is a relatively new addition to the statute and the case law is evolving. However, it was added, in part, to protect persons involved in same sex relationships or children of people involved in same sex relationships from domestic violence.
Once the necessary relationship has been established, you must prove that the person you are seeking to be protected from committed one or more family offenses as defined in the Penal Law.
The burden of proof for an Order of Protection is preponderance of the evidence. This is a relatively low burden of proof, and often comes down to which side is more credible.
An Order of Protection can be for a period of 2 to 5 years, depending on whether there are certain exaggerating factors, like a pattern of domestic abuse or a severe level of abuse.
Once the necessary relationship has been established, you must prove that the person you are seeking to be protected from committed one or more family offenses as defined in the Penal Law.
The burden of proof for an Order of Protection is preponderance of the evidence. This is a relatively low burden of proof, and often comes down to which side is more credible.
An Order of Protection can be for a period of 2 to 5 years, depending on whether there are certain exaggerating factors, like a pattern of domestic abuse or a severe level of abuse.
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