Motion for Temporary Order Preventing Form
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People also ask
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How does order of protection work in NY?
It is a legal document in which a Judge orders someone to follow specific conditions of behavior that is, tells someone things that they must or must not do. Police can make immediate arrests if they have reason to believe those conditions have been violated.
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How long does an order of protection last in NY?
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. A final order of protection from Criminal Court can last up to 8 years depending on the matter or what crime is committed.
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What proof do you need for a restraining order in NY?
Proving Harm Your testimony that the respondent harmed you. The testimony of any witnesses, such as a family member, who saw the respondent harm you. A police report that documents physical harm you sustained as well as any history of repeat violence. Medical records reflecting treatment for harm done.
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What does motion for temporary injunction mean?
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
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How long does an order of protection last in NY?
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. A final order of protection from Criminal Court can last up to 8 years depending on the matter or what crime is committed.
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Does an order of protection go on your record in NY?
An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.
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What is an order for someone to stay away from you?
Like other restraining orders, a stay away order generally is given when someone has experienced or has reason to fear physical and emotional harm from the party receiving the order.
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What is the difference between a restraining order and an order of protection in NY?
A restraining order is the same thing in New York State as an order of protection. In New York State an order of protection can be obtained through three different means, either through criminal court, family court, or supreme court.
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