Temporary Order of Protection

In an effort to help victims of domestic violence, either the Family Court or Criminal Court may issue orders of protection. These orders may be temporarily granted ex parte. In other words, a temporary order of protection may be granted without the offending party present. The Court will consider the following when deciding whether or not to grant a temporary order: what is the alleged condition and will this order alleviate said condition; were there previous orders in place; were there previous incidents of abuse; the nature of the threats; are drugs or alcohol a factor in the alleged abuse; and does the alleged offender have access to weapons.

When presenting your case to a judge, you must be ready not only to articulate what the offenses are in which you are seeking protection, but you must clearly articulate the abuse occurring and be as specific as possible with dates and times. Remember, after the Court grants you a temporary order, its just that, temporary. The offending party will be served with the order and given an opportunity to rebut your allegations.

If the Family Court determines upon initial review of your petition that physical injury to the victim has been caused by the respondent or that other aggravating factors exists, the Court may immediately issue an arrest warrant. The Family Court Act authorizes the Family Court to issue arrest warrants and to set and accept bail for respondents. If the Family Court is not in session and a magistrate judge isn’t accessible, the local Criminal Court will arraign the respondent under §530.11 of the Criminal Penal Law.

After the temporary order is served, a hearing date is scheduled.Both sides are entitled to an attorney to represent your respective interests. Testimony is taken and you have the opportunity to cross examine any witnesses presented to rebut your position. After the hearing the Court will render its decision.

LEARNING POINT: The key to obtaining or defending against an order of protection is preparation. While you are able to obtain a temporary order by simply walking into the family court and presenting your side to a judge, you will need to thoroughly prepare for the hearing. Call us immediately so that we can adequately represent your interests.

temporary order of protection

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