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Sexual Assault Survivors

ORDER OF PROTECTION

ARE YOU CONCERNED WITH
YOUR SAFETY?
An order of protection might be right for you.
(also called Peace Bonds, Restraining
Orders, or Stay Away Orders)

What is an Order of Protection?

An order of protection is a court order that tells the Abuser to stop harmful or hurtful acts and stop from committing other offenses. It could also tell the abuser to stay away from the victim's home, school, work, or other family members.

 

Who can get an Order of Protection?

Any victim whose Abuser:
- Places them in fear of physical injury
- Threatens them
- Attempts to hurt them
- Harms them

Child In Common:
Both people were never legally married to each other but have a child together

Complainant:
In Criminal Court this is the Victim, the person who has been abused, the victim.

Defendant:
In Criminal Court this is the person who committed the crime.

Family Member:
Someone who is:

• Husband or wife/former husband or wife
  
• Parent or child
  
• Member of the same family or household
  (related by blood or marriage, legally married, formerly married, persons with a child in common whether or not they have been married or have lived together.)

Family Offense:
When a family member abuses the victim and is charged with:

• Assault/Attempted Assault
  
• Disorderly Conduct
  
• Harassment/Aggravated Harassment
  
• Menacing
  
• Reckless Endangerment

Petitioner:
In Family Court this is the victim, the person who has been abused.

Respondent/Abuser:
In Family Court this is the person who abused the victim.

Temporary Order of Protection:
Protects the Victim until the case can be heard in court.

Relationship Between Parties:
The Abuser is a "Family Member" or someone with whom you have a "Child In Common."

• Petition filed with the court, including:dates and times, address of abuser, history of incidents and established allegations of wrong doing.

• Letters
• Medical Reports
• Police Reports
• Photographs
• Tapes
• Witness Statements, etc.

• When the Order of Protection is served on the "Respondent/Abuser" (address of Abuser is needed.)

• Temporary Order of Protection is valid from 6 weeks to 3 months.
• Family Court Order of Protection is valid from 1 year and can be extended for up to 3 years.
• Certain Orders of Protection for children can last up to 18 years of age.

• Criminal charge filed with the court, including:
• Dates, times, address of abuser
• History of incidents
• Establish allegations of wrong doing.

• Letters
• Medical reports
• Police reports
• Photographs
• Tapes
• Witness Statements, etc.

• Day of arraignment, Judge may serve 'Defendant.'

• When the Order of Protection is served on the
  'Defendant' , typically at the arraignment.

• A Temporary Order of Protection can be valid up to 1 year or until case is finished.
• A Criminal Order of Protection varies in length of time, even beyond jail time.

• District Attorney's Advocate will contact the survivor to offer services or referrals

If the abuser breaks any of the guidelines listed on the order of protection it is a violation. For this violation he/she can be arrested for CRIMINAL CONTEMPT.

• Call 911
• Call SAF for an advocate at 342-1600.

• - In Family Court, the Judge can sentence the Respondent to Probation or up to 6 months in jail.
• - In Criminal Court, the Judge can sentence the "Defendant" to probation, up to 1 year in jail, and/or $1,000 fine.

If you choose Criminal Court:
the District Attorney handles the case.

If you choose Family Court:
you or your lawyer may file the Petition.

For referral information on income based legal representation, call SAF.

District Attorney - 349-3200
Legal Services of Central New York - 342-2191
Family Court Attorney - 349-8290
Services to Aid Families (SAF) - 342-1600

WARNING!!!

An Order of Protection cannot guarantee your safety. It is not possible for police to prevent a violation of the order.

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