Your Family Matters

How can orders of protection help you?

| Jun 16, 2021 | Firm News

Divorce is often a complicated and challenging process for all involved. Deciding to terminate a marriage and separate your life from your spouse can be daunting.

Divorce is even more difficult for victims of domestic violence as they may fear angering their spouse with the decision to divorce or at any step during the process. Temporary restraining orders, known as temporary orders of protection in New York, can help.

What are orders of protection?

Temporary orders of protection are orders issued by Family Court that limit the behavior of someone who harms or threatens to harm another person. During a divorce these orders can instruct a person to stay away from you, stay away from your children or move out of your house. They can also enforce child support and custody orders after a divorce is final. These orders can protect you from harassment, as well as physical and sexual abuse.

What happens if your spouse violates the orders of protection?

Violating orders of protection is a crime. If you have orders against your spouse and they violate the orders, you may call the police. The police will likely arrest them. The wording of the orders dictates what they may not do. If the temporary orders state they cannot come to your house, but they do, you can call the police. You do not have to wait for violence to occur to contact the police. Simply violating the terms of the orders is enough.

Temporary orders of protection last for the duration of your divorce case. The court can issue permanent orders of protection when the case is over if needed. Permanent orders of protection usually last for one year but can last longer under certain circumstances.