New York Order of Protection Frequently Asked Questions

An order of protection is a court order designed to protect someone from harassment or abuse. The order typically requires the defendant to stay away from the plaintiff. In some jurisdictions it is referred to as a protection order, injunction for protection, or a restraining order. Orders of protection are often issued to protect victims of stalking or domestic abuse.

Orders of protection require the defendant to stop the harassing or abusive behavior. They also generally require the defendant to stay away from the plaintiff, the plaintiff’s children, and other family members. This means that not only must the defendant stay away from the plaintiff’s home, the defendant must always stay away from the plaintiff’s workplace and the plaintiff’s children’s school or childcare. In addition, if applicable, the judge may include terms related child custody, visitation, and child support.

If an order of protection is violated, the plaintiff should contact law enforcement. The defendant can be arrested and will face criminal penalties, including the payment of fines and jail time. The defendant will be guilty of violating an order protection, even if the plaintiff initiates the unauthorized contact with the defendant.