
COMPLAINT for TEMPORARY RESTRAINING ORDER Form


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People also ask
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How long does a temporary restraining order last in NY?
A temporary order of protection will last at least until the next court date. From there it can be extended until the matter is resolved. A Family Court order of protection can last up to two years. Under aggravating circumstances, a family court order may last up to 5 years.
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What is the standard for a TRO in New York State?
Temporary restraining order. (a) Generally. If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice.
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How much jail time for violating an order of protection in NY?
If you intentionally disobey the court order, you will be charged with criminal contempt in the second degree, a class A misdemeanor punishable by a maximum of one year in jail and a $1,000 fine.
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Is notice required for TRO in New York?
Temporary restraining order. (a) Generally. If, on a motion for a preliminary injunction, the plaintiff shall show that immediate and irreparable injury, loss or damages will result unless the defendant is restrained before a hearing can be had, a temporary restraining order may be granted without notice.
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Can you appeal a temporary restraining order in New York?
As noted in our blog article on the subject, "Can you appeal a court's granting - or denying - a TRO?," the general rule is that such orders, standing alone, are generally not appealable in either Federal or State court (at least not in New York).
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How long does a tro last in NY?
In New York, a restraining order, called an Order of Protection, can be repeatedly issued and re-issued for as long as a criminal case or a Family Court case lasts. Once the case is over, a final Order of Protection can be issued that lasts for any period of time up to 10 years.
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What is the difference between a restraining order and an order of protection in New York?
In New York, an “order of protection” is a legal term that refers to a protective order, commonly referred to as a restraining order, issued by the court as a means to help keep a person safe from further abuse or other harm or harassment.
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How long do most restraining orders last?
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
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