What is an Order of Protection?

An Order of Protection (OP) is a court order that prohibits the abuser from committing certain behaviors or orders him to perform certain acts. A violation of an Order of Protection can result in the abuser being found in contempt of court, resulting in a fine or incarceration, or criminal charges, resulting in fine or incarceration up to 364 days.

Where Can Orders of Protection be Obtained?

In civil court, with or without an attorney, as an independent proceeding or as part of a divorce, guardianship, probate or other civil proceeding

In criminal court, in connection with a criminal charge if the petitioner is the victim and the respondent is the defendant in that case

In juvenile court, in connection with a delinquency petition or a criminal prosecution

Types of Orders of Protection

Emergency Order: The emergency order is valid for a period of time between 14 days and 21 days. It can be entered without notice to the respondent if the petitioner alleges that the abuse s/he is trying to prevent would likely occur if the respondent were given notice or any more notice than was actually given. An emergency order may not grant counseling, temporary custody, payment of support, monetary compensation, or reimbursement of shelter costs, nor can the order prohibit possession of weapons.

Interim Order: An interim order is valid for up to 30 days. It is issued after the respondent has been served or the petitioner has served notice on the respondent and has satisfied the court that s/he is diligently attempting to complete the required service process. An interim order may not include the counseling, payment of support or monetary compensation, shelter reimbursement or weapons remedies unless the respondent has filed a general appearance or has been personally served.

Plenary Order: Plenary orders of protection can be valid for varying lengths of time. If entered in conjunction with a divorce, it can run for the life of the final decree; if in conjunction with a criminal offense, for the length of the defendant's sentence plus 2 years; and in conjunction with any proceeding, until the conclusion of the case. An independent order is valid for a fixed period of time not to exceed 2 years

Fees

There are no fees for filing or serving orders of protection