Order Of Protection

In any matter where harm or the threat thereof is alleged (for example, domestic violence matter) the judge will usually issue an order of protection. The order of protection typically is first issued at the defendant's arraignment and is renewed at each subsequent court appearance. At the final appearance the judge may issue a permanent order of protection, the duration of which depends on what charge the defendant pleaded.

See an example of an Order of Protection.

Full Order of Protection

A full or "stay away" order requires the defendant to refrain from any contact with the person being protected including but not limited to telephone, electronic and third party contact. Moreover, the defendant has to stay away from the victim at their home, school, and place of business.

Limited Order of Protection

A limited or "refrain from" order permits the defendant to have contact with the person being protected but directs the defendant not to harass, annoy, intimidate, bother, or otherwise harass that person.

Violations of an Order of Protection

Whether full or limited, courts rigidly enforce orders of protection. In situations where the alleged victim consents or even desires contact with the defendant, the defendant is still strictly bound to obey the court's order. If the order is violated, the defendant can be arrested and charged in a new matter with Criminal Contempt.