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How to Obtain a Domestic Violence Protection Order in New York

Living with someone who is violent or threatens violence towards you, your children, your pets, or another member of the household can be extremely upsetting, terrifying, and may even be dangerous to your physical safety and wellbeing.

For victims of domestic violence, the threat of COVID-19 and stay-at-home orders have only exacerbated fear, as many abusers are using the disease to further isolate, threaten, and intimidate victims. If you are a victim of domestic violence in New York, our law firm can help. Here’s an overview of how to obtain a domestic violence protection order in our state, as well as a few resources for victims of domestic violence who need help during the coronavirus outbreak.

What Is an Order of Protection?

A domestic violence order of protection is a legal order, issued by a court, that is intended to limit the behavior of an abuser. The family court will issue the order, which holds that the abusive party must refrain from making contact with the victim, must pay child support and follow temporary custody orders, cannot be in possession of a gun or another weapon, and must move out of a shared home. A person may seek a family court order of protection against a former or current spouse, someone with whom they have a shared child, any person with whom they have or have had an intimate relationship, and any family member to whom they are related by blood or marriage.

Getting an Order of Protection in New York

Receiving an order of protection in a New York family court requires proving to the court that you have one of the relationships with the offender listed above. In addition, you will need to file a petition for an order of protection, and will also need to prove that the offending person committed abuse against you. While a hearing is required for a long-term order of protection, you may be able to receive an ex parte temporary order without a hearing.

Domestic Violence Support During the Coronavirus Outbreak

Receiving a domestic violence order of protection requires filing a petition with the court. All courts in New York are temporarily closed, except for essential business which includes Orders of Protection. Bombardo Law Office, P.C. is available to provide support and guidance to victims of domestic violence. If you need immediate help, we urge you to call our law firm (315)488-5544.

In addition to or instead of taking legal action, there are other resources available.

Emergency shelters and domestic violence programs in New York are still open, and many shelters have open beds. Other resources include the New York Anti-Violence Project, the New York State Coalition Against Domestic Violence, the National Domestic Violence Hotline, Safe Horizon, and Barrier Free Living Secret Garden.

If you are uncomfortable visiting a shelter right now and you are experiencing domestic violence, we urge you to call Bombardo Law at (315)488-5544, and find a safe place to stay with family or friends.

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