Domestic violence is a particularly insidious problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  If you are a victim of domestic violence in New York you can get an Order of Protection.

Order of Protection

If you are not in immediate danger, but have been a victim of domestic violence, you should seek an order of protection.  You qualify for an order of protection in New York if you are seeking to prevent abuse from a spouse or former spouse, the parent of your child, or anyone with whom you have had a romantic relationship.  In order to determine whether your relationship with the person qualifies for this standard, the court will consider the length and type of relationship, and the frequency of interaction during the relationship.  There is no fee to file for an order of protection.

You can apply for an order of protection in either family or criminal court.  You can apply in family court if you are currently or once were married to the abuser, have a child in common with the abuser, or are currently or were formerly in an intimate relationship - this includes same-sex partners. If the judge believes you are in immediate danger, he or she may issue a temporary order of protection that will last until the hearing for the final order of protection.  Usually, the final order will be granted for up to two years, though he facts surrounding the case may warrant an order lasting up to five years.

Because your alleged abuser has committed a crime against you, you can get an order of protection in criminal court no matter the nature of your relationship.  An order for protection in criminal court can only be issued after criminal charges are field, so if you refuse to press charges against your abuser, you are not entitled to this relief.  You may first receive a temporary order of protection after the alleged abuser is arrested and formally charged.  Though, because this is a criminal proceeding for which you may not be required to be present, your order might be mailed to you.  In this case you may not be aware that you have been issued an order of protection, so you should contact the District Attorney’s Office to find out if it has been issued.

If you are granted this order, the alleged abuser will not be allowed to go near you, your children, relatives, or anyone who lives with you.  Also the alleged abuser may not be allowed to have a gun, he or she may be forced to move out of your house, be forced to pay child support, or even be forced to stay away from your pets.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

You may also find a list of domestic violence resources in New York here.