Orders of Protection are orders issued by a Judge.  They are not orders by law enforcement, district attorney’s offices, or the person whom it protects but an Order of Protection is often requested to the Judge from one of these individuals.  Just like any other order a Court makes, only a Court may amend, remove, or otherwise alter or modify its contents.

In New York, Orders of Protection can only be issued in criminal court or family court.  Family Court Orders of Protection often have identical types of terms and conditions as criminal orders of protection.

Orders of Protection may be temporary or final.  Temporary Orders of Protection typically are issued when someone is arrested for a crime that involves a victim. These types of orders usually last as long as the case against you is pending. At the conclusion of your case, the order is either dismissed or it becomes final, depending on the outcome of the charges against you.

All Orders of Protection have an expiration date, even those called “permanent” or “final”.

An order of Protection on a violation can last up to 2 years from the date of sentence or 2 years from release of incarceration.

An Order of Protection on a misdemeanor can last up to 5 years past the maximum jail sentence or 5 years from the date of the sentence if there was no jail.  On a sexual assault case the Order of Protection can last up to 6 years from the date of the sentence/ release from incarceration.

An Order of Protection on a felony conviction can last as long as 8 years past the maximum prison sentence imposed or ten years from the date of the sentence.

An Order of Protection is issued by a Judge and therefore, only a Judge can change the Order of Protection. If the protected person does not believe they need the order or do not wish to have it any longer, they should speak to the district attorney’s office, a victim advocate at the district attorney’s office, or to the Judge directly on a scheduled court date.  However, until a court formally lifts or cancels the order, you must comply with the order.

If the protected person comes to your workplace, or reaches out to you, you must avoid any contact or communication with them.  You may wish to block them on social media or on your phone.

If that does not stop the behavior, you should talk to your attorney about what you can do.  If you are in fear for your safety or believe you are now the victim of a crime, you may wish to contact law enforcement to file a complaint against the other party.

Yes. There are some Orders of Protection that allow parties to have contact with each other. This type of Order of Protection is often referred to as a “refrain from” or No Illegal Contact Order of Protection. This type of order is rare. It’s an Order that says you must refrain from committing any crime against the other party.  Before you have contact with the protected party, you must confirm that the order issued against you allows it.

The actions the Order of Protection prohibit include any contact, even if you feel its nice, friendly, or apologetic.  As an example, if the person texts you “I’m sorry, I hope we will be ok.”  And you respond, “I’m sorry too,” you have committed a crime.  Remember, the order is not against them, so they have committed no crime.  That may sound harsh or unfair, but it is an order from the court that you must comply with. Any attempt by the protected person to contact you in any form, should be documented and ignored.  Violation of a court order is a very serious crime. Even if you want to make up, you cannot have any contact with the other person until the Order of Protection is amended or lifted.

There are any number of other provisions an order may contain, so it’s important you understand those as well.  Importantly, regardless of what provisions it contains, it is a federal crime to possess a firearm when there is an order of protection against you.

It does not matter whether:

• the order is temporary or final;
• what provisions it includes;
• it is a criminal or family order of protection;
• the firearm is not owned by you;
• the firearm is subject to licensing requirements;
• the order is from a local or state court.

If you own any firearm at the time an order of protection is placed against you, you must immediately transfer them out of your possession, usually within 24 hours.  As long as the order is in place, do not go target shooting or hunting.