Who Can File For An Order Of Protection In Family Court?

  • 📰 ForbesWomen
  • ⏱ Reading Time:
  • 61 sec. here
  • 11 min. at publisher
  • 📊 Quality Score:
  • News: 56%
  • Publisher: 51%

Family Court News

Order Of Protection,Civil Order Of Protection,Intimate Relationship

I am the founding partner of Fersch LLC, a family law practice in New York City. I am the co-chairwoman of the Matrimonial Lawyers Pro Bono Law Project, sponsored by the New York Women’s Bar Association, and serve on the Board of Directors of the non-profits Community Word and Family Kind.

When a crime has been committed and the case goes to a Criminal Court, there is no question raised as to the relationship, if any, between the parties. If you are attacked or harmed by a stranger, the criminal authorities through the police and the District Attorney’s office will seek out the perpetrator and bring them to justice. If you are attacked or harmed in your home by a spouse or child or partner they will be arrested and you will likely receive an order of protection.

: a victim of domestic violence at the hands of an “intimate partner” or a family or household member. Your spouse or ex-spouse; a person of the opposite sex with whom you live or used to live; someone with whom you have a child in common; a current or former household member; someone of the opposite sex whom you are dating or have dated; parents, children, grandparents, and grandchildren.

Stalking, menacing, harassment, aggravated harassment, disorderly conduct, reckless endangerment, assault, attempted assault, criminal mischief, sexual misconduct, strangulation, criminal obstruction of breathing or circulation, identity theft, grand larceny, coercion.” in 2008 or have a child in common. Prior to adding intimate relationship, New York’s definition of those who could seek an order of protection was the narrowest in the country.

This can place someone who is being threatened, menaced or stalked in a dangerous position because they cannot get help unless a crime prosecuted in criminal court such as a physical assault is committed against them. The police are not behavioral interpreters. The police can observe and see a cut, bruise or scrape and make an arrest based upon that.

 

Thank you for your comment. Your comment will be published after being reviewed.
Please try again later.
We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:

 /  🏆 477. in LAW

Law Law Latest News, Law Law Headlines