So, you are having issues with a domestic partner or other individual that has resulted in or may result in violence or harassment and you want to take out a restraining order on them but you are not sure how?
Then this article will hopefully provide you with proper guidance. There are many types of protective orders and depending on which one you need also determines which court you file in. For example, if your requested order involves a spouse, child, parent or other family member, you must file in Family Court not the Justice Court. In truth, you should call us today to help you determine which court you need and other steps to complete before things get out of hand. If you feel you are in immediate danger then you should call 911.
Individuals seeking a Protection Order must first determine which application form they need to complete and which court to file it in. Is it for Stalking? Aggravated Stalking and/or Harassment? Harm to Minors? Sexual Assault? Or Harassment in the Workplace?
Once you have determined which application to use, complete all sections and give as much information that is factual and detailed as possible for a Judge to evaluate properly. The application can be typed or handwritten. Make sure that the information is legible. If it is not readable, it may be rejected or delayed. Do not write down your social security, bank account, credit card or driver’s license number or otherwise provide information that others can use to steal your identity.
There are no fees for a Protective Order. However, an Application for Order for Protection Against Harassment in the Workplace requires a $74 filing fee and a $100 security bond.
You must then complete a Confidential Protection Order Information Sheet providing information about yourself and each adverse party being filed against. This information is given to law enforcement to enhance service and enforcement. You need to complete a Confidential Protection Order Information Sheet for each person you are seeking protection from.
If you have supporting documentation for your allegations and application, such as medical or police reports, then you need to file what’s called a Notice of Filing Exhibits. Your exhibits can also be photographs or videos or other digital media etc.
Your requested Protection Order will not go in effect until it has been reviewed by a Judge after a hearing on the matter. Then, if approved, the PO becomes enforceable only when it is legally served on the adverse party(s) and is effective only for a period of thirty days. The exception to this is the Harassment in the Workplace Protection Orders which are effective immediately but are only good for fifteen days or less.
As you can see, filing a Protective Order is sometimes a necessary burden in an otherwise peaceful life. Let us help you in the process to get you feeling safe and secure quickly again.