A protection order may allow some form of contact. However, a person will ask you not to commit a crime against the other person or to do anything offensive to that other person. Please remember that you and other protected persons will NOT be able to execute orders. The sheriff or police can serve free of charge. A protection order is a court order that tells a person what they cannot do to another person or what type of contact is allowed. You can also hire a “service professional,” which is someone who issues court forms for business purposes. Search the web under “Process Service” or check the yellow pages of your phone book. If you need to complete the order, follow these steps: Even if you choose to pursue (your case) without the help of a lawyer, or if the court is slow to appoint one, we recommend that you consult a lawyer to ensure that your legal rights are protected. For more information about law enforcement authorities and/or domestic violence organizations in your area, visit NY Places that Help. How to enforce your injunction prepared by the California Judicial Council. Note: A protection order can be issued to the Supreme Court3, the New York court where you are filing for divorce (among other civil matters). (In this article, however, it usually refers to family court protection orders.) You can apply to the Supreme Court for a protection order at any time before the end of the legal proceedings or settlement.
However, it can be difficult and costly to make changes to an order before the Supreme Court. It may be a good idea to ask that the order include a provision to change the decision in family court at a later date. Until the documents have been properly “served” on the other party, the judge cannot issue rules of procedure. Keep in mind that right now you only have a restraining order that expires on the day of your hearing, unless the judge extends it or gives you a “permanent” injunction. Can a domestic violence injunction help me? Prepared by the California Judicial Council. You can apply for a civil injunction for harassment against someone who does not have a close relationship with you. Applications for injunctions are filed in civil courts if there is no family relationship between the victim and the offender, such as roommates, neighbours, employees or family members who are not close. This type of prescription is not issued to people who have arranged to meet as a couple or who are closely related. 4. Complete the confidential information of the CLETS (form CLETS-001).
You do NOT have to officially file this form, but you must give it to the court. It is confidential. It is used to be able to enter the injunction into a national computerized system that allows the police to know the order. You can apply for a protection order if you are legally married or separated, divorced from your offender, have a child with your offender, or have or have had an intimate relationship (including same-sex partners) with the offender, or are related to the offender by blood or marriage.1 If you are entitled to: apply to the family court for a protection order, You can apply to the family court or the criminal court, or both, at the same time if the offender has committed a crime against you, as both courts have “concurrent jurisdiction” or “concurrent jurisdiction”. 2 3. When the judge signs the order, the clerk of the court registers it. This means that the clerk makes the order an official part of your court record. The clerk keeps the original for the court and gives you the 5 copies with a stamp with the inscription “Deposited”. If you need more copies, you can make them yourself. Before the order expires, it can be extended for a longer period if there is a good reason to do so. How do I get a protection order from the criminal court? Injunctions are entered into a special California Department of Justice computerized system. This way, police officers all over the state can know your order.
In many courts, the court itself will send its order to the state computer. But if the court doesn`t, you have to. You must complete the Request for Adjournment of Hearing form (Form DV-115) (in Spanish) to ask the judge for a new hearing date. Do this before or during your hearing. (If you wait until after the hearing, you will have to start again.) If the judge signs this order, the injunction is valid until the new hearing date. 3. Additional forms you may need to complete If you have children with the person you want to protect and want a custody and access order, or if you want to change the order you already have, check the appropriate boxes on item 12 of Form DV-100 and complete the following: In New York, you can apply for a protection order against a current or former same-sex partner, as long as the relationship under Can I get a protection order? Requirements. You must also be a victim of domestic violence (“domestic crimes”) described in What is the legal definition of domestic violence (“domestic crimes”) in New York? National Family Violence Hotline Call 1-800-799-7233 (1-800-799-SAFE) or 1-800-787-3224 for the hearing impaired.