Order Restraining Court Form
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What is an order of protection statute in New York?
An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order. It may include, but is not limited to, directing him/her to: stay away from you and your children. move out of your home.
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What is the penalty for contempt of court in New York?
If you are convicted of any degree of this crime, your outlook is bleak in terms of sentencing. Second Degree is an “A” misdemeanor while a First Degree conviction is an “E” felony. These crimes are punishable with sentences up to one year in jail and four years in state prison respectively.
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How long does order of protection stay on your record in NY?
A permanent order of protection is not really permanent. It typically is for one year, but sometimes expires after 5 years. If There Is an Order of Protection Against Me, Will I Have a Criminal Record? An order of protection alone will not cause you to have a criminal history.
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How do restraining orders work in NJ?
A restraining order bars someone from having contact with you and can provide other relief. A “temporary” restraining order (TRO) is in effect until a court hearing can be scheduled for the judge to talk to both of the parties.
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What is the difference between a restraining order and an order of protection in New York?
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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How much jail time for violating an order of protection in NY?
Essentially, violating a New York restraining order can result in contempt of the court. When an individual intentionally disobeys a court order, they will be charged with criminal contempt in the second degree. This is a Class A misdemeanor, which is punishable by a maximum of one year in jail and a fine of $1,000.
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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 the difference between a restraining order and an order of protection in New York?
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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