An Order of Protection (OP) is an Order issued by the Court to limit a person’s behavior because they may pose a threat another person. Most often, Orders of Protection are issued in situations involving domestic violence.
An O.P. may direct a person not to injure, threaten or harass someone and it may also include Orders directing the subject to:
- stay away from a certain person(s),
- move out of their home,
- follow custody orders,
- pay child support or,
- not have a gun.
Orders of Protection can be issued in the Criminal Court, Family Court and Supreme Court.
A Family Court Order of Protection is issued as part of a civil proceeding to a current or former spouse, a co-parent of a child in common, a family member or to a person engaged in an intimate relationship.
A Criminal Court Order of Protection is typically issued as a condition of a Defendant’s release and/or as a condition to bail in a criminal case and there need not be any relationship between the Complainant and the Defendant.
A Supreme Court Order of Protection can be issued by Motion or Order to Show Cause as part of an ongoing divorce proceeding.
If a person violates a Court Order of Protection they can be arrested and charged with Criminal Contempt an E Felony.