2024-04-22

Prevent domestic violence with protective orders.

Prevent domestic violence with protective orders.

W When someone threatens or breaks someone else, the court issues an Order of Protection to limit the person’s behavior.This order is usually used for all safety-related issues, including domestic violence. Whether or not to view the incident as domestic violence is determined based on the relationship between the perpetrator and the victim. In the event of violence in the home, this relationship is called an “Intimate Partner”. The Protective Order orders the potential perpetrator to prevent the victim or the victim’s family from hurting, intimidating, or harassing any person included in the order. The command can be given as follows:

Prohibition of access to victims and people around them
No physical contact
Eviction from the victim’s home
Fulfillment of a Custody Order
Child Support Payments
Giving up possession of gun custody

Protective orders can be made at home, criminal, and Supreme Court.
Protective orders can be made in several courts, such as the Family Court, the Criminal Cases Court, and the Supreme Court.

Civil cases in Family Court

F Family courts can only issue protective orders in civil cases, not criminal cases, and the first step in obtaining a protective order in a family court is to file a Family Violence petition. At this time, the purpose of obtaining a protective order is to stop domestic violence and restore stability.

Prosecution of prosecutors in criminal court

T The purpose of a criminal case is to punish the plaintiff if he or she is guilty and to pay the penalty for the crime. The defendant is to be prosecuted by the New York State District Attorney for domestic violence. In such cases, the case may be sent to a Special Domestic Violence Court.

Protection order from the Supreme Court if you’re in divorce proceedings

I If a divorce case is in progress, the Supreme Court may issue a protective order. During divorce proceedings, you can request a protective order from the court by applying for a Motion or Order to Show Cause. It is also possible to ask the judge on the day of the trial. The judge has the authority to determine whether a protective order is necessary and, if necessary, what Terms and Conditions should be included in it.  It is also possible to obtain a protective order from the family court and the criminal court at the same time. In this case, the case may move to a special court called the Integrated Domestic Violence Court. If the police are called to the case and arrested the offender, it should be known that the case may automatically be transferred to criminal court, regardless of the victim’s intention.

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