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Order of Protection Questions

An Order of Protection addresses various kinds of safety issues. An Order of Protection is issued by the court to control the behavior of an individual that has or is threatening to harm another individual.

The Order of Protection could instruct the offending person to not harass, threaten or injure another individual, that person’s family or any other person as mentioned. Order of Protection can also direct the offending person to move out of another person’s house, stay away from another individual (the spouse, in several cases) and children, pay child support, follow custody orders and abide by other such terms as may be listed in the order of protection. Having an Order of Protection in place often causes questions for not only the person that is protected but also for the one with the order against.

Below are the frequently asked questions about order of protection - how to get an order of protection, violation of order of protection and other questions answered by Experts.

Can someone file an Order of Protection against somebody on grounds of ill morals such as drinking and swearing?

An Order of Protection cannot be filed against someone on grounds of morals but if the person in question poses a physical threat or danger to the child/children, then the parent can restrict the contact of that person with the child/children in the form of visitation rights.

What can an individual do if they have a false Order of Protection filed against them, which is affecting employment opportunities?

If an individual has a false Order of Protection filed against them , they can file a motion with the court requesting the case record to be sealed on grounds since this false claim is affecting their ability to gain employment.

What rights does someone have, in the state of New York, if an abusive estranged spouse violates the Order of Protection?

In such circumstances, this individual may consider hiring an Attorney and then filing a Motion for Contempt against the abusive spouse. In several cases, situations of violation of an Order of Protection may have witnesses who could have seen the incident, and would not be biased towards or against one side.

Will a temporary Order of Protection appear on an individual’s record? How can one defend it if it is false?

The Order of Protection will appear on the record of the individual against whom the temporary order has been filed against. The Order of Protection could even affect the individual’s opportunities for employment in the future. However, before the order is made certain, this individual can be represented by the counsel and their Attorney could show that the Order of Protection is not necessary and that the complaint is untrue.

How can one obtain an Order of Protection against a spouse who drank and drove their child home?

One can get the Order of Protection with the help of the Family Court. The information and facts can be used to apply for Order of Protection for not only the child’s safety but the other spouse as well.

If this individual is living in the same house as the spouse, the Order of Protection will require the spouse to leave. If the individual is considering divorce, the Order of Protection would be part of the procedure of filing for divorce.

What if the person who sought for and got the order of protection violates it?

If the person who has filed for the order of protection -against another person –and then contacts this person, the court would have the right to hold that person in contempt. If the person later complains to the court about being contacted again, the court is less likely to be convinced to enforce the order.

Filing for an Order of Protection requires insight into the terms enlisted in the order, the determination to file for an Order of Protection. This will also require knowledge of the legal implications of the Order of Protection. Should you find yourself in a situation where you want to apply for an Order of Protection but are doubtful as to how to go about it, ask Experts who can address your queries.
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