Omar Bennett
A Protection Order is a legal document issued by a court that prohibits a specific person (defendant) from coming near a home, workplace, or other location listed in the document. The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant. The purpose of a Temporary Order of Protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in Court.
| Characteristics | Values |
|---|---|
| Type of document | Court order |
| Purpose | To prohibit a specific person (defendant) from coming near a home, workplace, or other location listed in the document |
| Who can ask for the order | The person (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant |
| Who does it apply to | A specific person (defendant)> |
| Who does it protect | The person asking for the order (plaintiff)> |
| What happens if it is violated | Police can make immediate arrests if they have reason to believe those conditions have been violated |
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What You'll Learn
- A protection order is a court order prohibiting a specific person from coming near a home, workplace, or other location
- The person asking for the order must have a relationship with the defendant
- The purpose of a temporary order of protection is to maintain peace and provide protection until all the facts have been gathered
- A safety order prohibits the respondent from committing further violence or threats of violence
- The respondent is not obliged to leave the home
A protection order is a court order prohibiting a specific person from coming near a home, workplace, or other location
A protection order is a court order prohibiting a specific person (the defendant) from coming near a home, workplace, or other location. The order is requested by the plaintiff, who must have a relationship with the defendant (family, sexual, roommate, etc.). The plaintiff must describe the acts of domestic violence that were threatened or committed against them by the defendant.
Protection orders are a legal document in which a judge orders someone to follow specific conditions of behaviour. Police can make immediate arrests if they believe these conditions have been violated. The purpose of a temporary order of protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in court. When the court is convinced that an offence has been committed or the protected person has been endangered, a final order is issued.
In some cases, the respondent (the abusive person) is not obliged to leave the home. If the respondent does not live with the applicant, the protection order prohibits them from watching or being near the applicant's home, following or communicating with them, or communicating with any dependent persons (such as children).
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The person asking for the order must have a relationship with the defendant
The person asking for a protection order must have a relationship with the defendant. This is known as the Relationship Test. The relationship can be familial, sexual, or platonic, such as a roommate. The nature of the relationship will be decided by the court.
If the person asking for the order does not pass the Relationship Test, they may file a request for an Injunction Against Harassment instead. This means that the defendant will be prohibited from coming near the plaintiff's home, workplace, or other locations listed in the document.
A protection order is a legal document in which a judge orders someone to follow specific conditions of behaviour. Police can make immediate arrests if they have reason to believe those conditions have been violated. The purpose of a Temporary Order of Protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in court. When the court is convinced that someone has committed an offence or endangered the person protected by the order, a final order is issued.
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The purpose of a temporary order of protection is to maintain peace and provide protection until all the facts have been gathered
A protection order is a court order prohibiting a specific person (defendant) from coming near a home, workplace, or other location listed in the document. The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant. If they do not pass the Relationship Test, they may file a request for an Injunction Against Harassment instead.
A safety order is an order of the court which prohibits the abusive person (the respondent) from committing further violence or threats of violence. The respondent is not obliged to leave the home. If the person is not living with the applicant, the safety order prohibits them from watching or being near the applicant's home and following or communicating (including electronically) with the applicant or a dependent person (any child).
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A safety order prohibits the respondent from committing further violence or threats of violence
A protection order is a court order that prohibits a specific person (defendant) from coming near a home, workplace, or other location listed in the document. The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant. If they do not pass the Relationship Test, they may file a request for an Injunction Against Harassment instead.
A safety order is a type of protection order that prohibits the respondent from committing further violence or threats of violence. The respondent is not obliged to leave the home. If the person is not living with the applicant, the safety order prohibits them from watching or being near the applicant's home and following or communicating (including electronically) with the applicant or a dependent person (any child).
A protection order is a legal document in which a judge orders someone to follow specific conditions of behaviour. Police can make immediate arrests if they have reason to believe those conditions have been violated. The purpose of a Temporary Order of Protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in Court. When the Court is convinced that someone has committed an offence or endangered the person protected by the Order, a final Order is issued.
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The respondent is not obliged to leave the home
A Protection Order is a legal document in which a judge orders someone to follow specific conditions of behaviour. It is a court order prohibiting a specific person (defendant) from coming near a home, workplace, or other location listed in the document. The respondent is not obliged to leave the home, but if they do not live with the applicant, the safety order prohibits them from watching or being near the applicant's home and following or communicating (including electronically) with the applicant or a dependent person (any child).
The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant. If they do not pass the Relationship Test, they may file a request for an Injunction Against Harassment instead.
The purpose of a Temporary Order of Protection is to maintain peace and provide protection until all the facts have been gathered and the case is heard in Court. When the Court is convinced that someone has committed an offence or endangered the person protected by the Order, a final Order is issued. In New York, every Order has a specific expiration date.
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Frequently asked questions
A protection order is a court order that prohibits a specific person (defendant) from coming near a home, workplace, or other location listed in the document.
The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant. If they do not pass the Relationship Test, they may file a request for an Injunction Against Harassment instead.
The purpose of a protection order is to maintain peace and provide protection until all the facts have been gathered and the case is heard in court.
Police can make immediate arrests if they have reason to believe the conditions of a protection order have been violated.
