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An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, criminal courts, and Supreme Courts can all issue orders of protection.
An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order. It may include, but is not limited to, directing him/her to:
- stay away from you and your children
- refrain from certain acts (ie: stop threatening OR stop calling at work)
- move out of your home
- follow custody orders
- pay child support
- not have a gun
How do you file a Family Court Order of Protection?
How do you file a Family Court Order of Protection?
How do you file an Order of Protection in Family Court?
*There are no filing fees in family court.
- To start the proceeding in Family Court, you must file a Family Offense petition.
- You can go to the Help Center ("Petition Room") between 8:30-5:00 Mon.- Fri for a petition form and instructions on how to fill out the form. At the help center you will be given forms to fill out, including one to write down the incidents of violence.
- You will then see a family court judge who will determine whether there is good cause to issue the order.
What can you ask to be included in the Order?
You must tell the petition clerk specifically what you would like the Judge to order.
The order can be very broad (stay away from me and my children) or specific (stop calling me at work or to gather your belongings from the respondent at a certain date and time). You can also ask to collect temporary child support while a stay away order is in place.
What if someone is afraid to see the other party in court?
When they arrive at court, they can notify a court officer in the room where their case is being heard that they are afraid to see the respondent. The officer can arrange for them to stay in a place away from the respondent until the Judge calls the case. Make sure that a court officer knows where you are waiting. A court officer can escort you from one location to another. You may also bring a friend, relative or advocate to court with you who can come with you into the courtroom.
Who can file a Family Court Order of Protection?
Who can file a Family Court Order of Protection?
Who can file an Order of Protection in Family Court?
- Someone who is related to the respondent by blood or marriage;
- Someone who is related to the respondent by blood or marriage;
- Someone who is or was legally married to the respondent;
- Someone who has a child with the respondent; or
- Someone who is in an intimate relationship with the respondent (factors the court may consider in determining whether a relationship is "intimate" include the nature or type of relationship, regardless of whether it is sexual in nature; the frequency of interaction; and the duration of the relationship)
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