Extending and Order of Protection in New York

When faced with domestic violence or harassment, obtaining an order of protection is a crucial step towards ensuring your safety and well-being. Orders of protection issued in New York are typically granted for a relatively short duration, acknowledging the immediate need for protection. However, circumstances often dictate that the imminent threat extends beyond the stipulated expiration date of the order. Recognizing the urgency and gravity of this situation, seeking legal guidance from a seasoned New York family lawyer is not merely advisable but essential. At Stephen Bilkis & Associates, our legal team has a deep understanding of New York law, especially concerning orders of protection. We are deeply committed to aiding you in navigating the legal landscape with seamless precision. Should you find yourself in a position where extending an order of protection becomes necessary, our firm is prepared to provide the expertise and support you require. Reach out to us to discuss your case, and we will work diligently to ensure your safety remains uncompromised. Your protection and peace of mind are of utmost importance to us, and we stand ready to advocate for your rights and well-being throughout this process.

An order of protection, often referred to as a restraining order, is a legal document designed to protect individuals from domestic violence, harassment, or other forms of harm. In New York, grounds for obtaining an order of protection include acts or threats of physical harm, sexual abuse, stalking, or menacing behavior. The safety of the petitioner or the petitioner's child is paramount when considering the issuance of this order.

There are several ways to obtain an order of protection in New York. You may file for an order of protection in Family Court, Criminal Court, or as part of a divorce proceeding. Family Court is a common avenue for obtaining such orders, especially in cases involving family or household members. These orders can range in duration, typically lasting up to two years, but can be extended to five years under certain circumstances.

There are two general types of orders of protection. Contact an experienced New York family lawyer who can help you understand the duration of each and what you need to do to extend each.

• Temporary Order of Protection: Typically, a temporary order of protection is granted for a limited period, often until the next scheduled court appearance or until a more comprehensive hearing can take place. It provides immediate protection and is designed to address urgent situations.
• Permanent Order of Protection: A permanent order of protection, on the other hand, can extend for a more extended period, often two years. It is issued after a full hearing or as part of a final judgment in a divorce, family offense, or related case.

If your order or protection is about to expire and your still feel unsafe, contact an experienced family attorney serving New York. Extending an order of protection involves prolonging the duration of the initial order to ensure continued safety and protection for the petitioner. Circumstances may arise during the validity of the order that necessitate its extension. The only reasons that a court will extend an order for protection is for “good cause.” Family Court Act §842

Good cause are based on the specifics of each case. The court in Molloy v. Molloy, 2016 N.Y. Slip Op. 366 (N.Y. App. Div. 2016) determined that in order to determine if there was good cause to extend an order of protection, the court must consider the following four factors:

• Nature of the relationship between the parties. This requires the court to take into the relationship the parties had in the past as well as the current state of their relationship. In addition, the court must consider what happened that led to the court issuing the initial order of protection.
• Frequency of interaction between the parties.
• Any subsequent instances of domestic violence or violations of the existing order of protection. The court will take into consideration the number of times the defendant was violent since the initial order was granted and how many times they violated the order.
• Whether the current circumstances are such that concern for the safety and well-being of the petitioner is reasonable. The court will also consider evidence of the recent interactions between the parties to make an assessment as to whether the petitioner’s concern for their well-being is reasonable.

The extension of an order of protection allows the petitioner to maintain a sense of security and peace of mind for an additional period. In New York, an extension can typically be granted for up to two years, subject to the judge's discretion and assessment of the circumstances surrounding the case. In the Molloy case, after considering of the circumstances in the case, the court extended the order of protection for another five years.

Extending an order of protection is a vital step in ensuring the safety and security of individuals who have previously been granted such legal protection. If you find yourself in a situation where an extension is necessary to maintain your safety or the safety of your children, seeking the assistance of an experienced family attorney serving New York is essential. Stephen Bilkis & Associates is dedicated to helping clients navigate the legal complexities of extending an order of protection. We are here to support you through every step of the legal process and work tirelessly to ensure your rights and safety are protected. Your well-being is our priority, and we are committed to advocating for your best interests. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Staten Island, Suffolk County, Bronx, Brooklyn, Long Island, Manhattan, and Westchester County.