Orders of Protection from Family Court and Hope Cards
For many crime victims, particularly victims of intimate partner violence, stalking, and sexual assault, orders of protection can play an important role in stopping the abuse and keeping them safer. In criminal court proceedings, the prosecutor can ask the judge for an order of protection for the crime victim. For information about getting an order of protection in criminal court, please see the NYS Office for the Prevention of Domestic Violence website.
When the person who has committed the crime is a family member or intimate partner, crime victims can get orders of protection in Family Court.
What is an order of protection?
An order of protection is a legal document issued by a judge. It tells the person committing the crime to stop violent, harassing behavior towards the victim. It can also limit the person’s communications with the crime victim.
Other states may call these orders “restraining orders” or “protection from abuse” orders.
If you get an order of protection in NY, it is good anywhere in the state. It can be enforced even if you travel or move to another state. NY must also enforce valid orders from other US states or territories. This means that if you received your order from another state, our courts and police must enforce that order.
There are two main types of orders of protection:
- Stay Away Order of Protection. This type of order requires the offender to stay away from the victim wherever they are. Courts may make an exception for the offender to visit the children.
- Refrain From or No Offensive Contact Order of Protection. This type of order allows contact between the offender and victim, but requires the offender to stop any harassing, abusive, or violent behavior against the victim.
How can an order of protection help?
An order of protection can require the person harming you to:
- Stay away from you and your children
- Stop harming you and your children
- Limit contact with you and your children
- Move out of your home
- Give up any firearms
- Attend drug and alcohol counselling
- Pay for the damages they caused you
- Pay for your medical expenses
- Not harm pets
- Return your identification papers and other documents
The judge can make the order fit your specific safety needs. Some order may require that there be no contact or communication at all, while others may allow for limited contact depending on the situation. For example, if you and your abuser have children together, the judge may give you an order that requires the offender to stay away from you, but makes specific arrangements for pick up and drop off for visitation with the children.
A Family Court order of protection can last 1-5 years depending on your situation. Once an order of protection is issued, only a judge can change it. If you want changes to the order, you have to ask the court for assistance.
Who can get an order of protection in Family Court?
In Family Court, you can get an order of protection against someone considered a “family or household member.” This includes:
- Current or former spouse
- Someone you have a child with
- A person related by blood (such as a sibling, parent, child, grandchild, grandparent, cousin)
- A person related by marriage (such as a spouse, in-law, step-parent, step-child)
- Someone you have or had an intimate relationship with, even if you have never lived with them
- Someone related by blood or marriage to the person you are or were in a intimate relationship with.
How can I get an order of protection from Family Court?
The first step is to file a Family Offense Petition. It is free to file a family offense petition in Family Court.
If a “family or household member” has committed something called a “family offense” against you, you can file a Family Offense Petition in your county’s Family Court.
Family offenses are crimes that include disorderly conduct, harassment, aggravated harassment, menacing, reckless endangerment, assault or attempted assault, stalking, criminal mischief, sexual misconduct, strangulation, identity theft, coercion, and grand larceny.
Family Court may give you a temporary order of protection the same day you request it. This order usually lasts only till the next court date. Even though it is temporary, it is valid and you can expect to have it enforced as long as it was served to the offender. You may have to return to court several times before a judge decides on whether to give you a final order.
Both you and the offender have the right to an attorney in Family Court. If you cannot afford one, the court will assign an attorney to represent you. If the offender has an attorney, it is better for you to have one too – in those situations, an attorney who has knowledge of the law can really help you.
You should keep a copy of the order of protection with you at all times.
How can I know if my order of protection was served on the offender?
Orders of protection are only good if they have been formally delivered to the person who is abusing you.
Victims can register to get notified if their orders have been served on the Order of Protection Notification System.
What can I do if the offender isn’t following the order of protection?
When the offender does not follow the family court order of protection, it is considered a “violation” of the order. Even though a family court gave you your order, violating an order of protection is a crime, and you can call 911.
You can pursue charges in criminal court for the violation. You also have the right to file a violation petition in Family Court.
Each time you call the police for help, they should fill out a form called a “Domestic Incident Report” and get your description of what happened. Keep a copy for your records. You do not need to have this report to file a violation, but it may be helpful.
Please go to the NY Courts website to find more information about civil orders of protection and filing family offense petitions.
What are Hope Cards?
A Hope Card is an easy-to-carry summary of your order of protection. Because it has the same legal effect as your paper order of protection, you can carry a Hope Card instead of your paper order and police will enforce it.
A Physical Hope Card is wallet-sized. It has a summary of the information on your order of protection with a link to a digital image of your order. A Digital Hope Card is a digital image of your order of protection.
Who can get a Hope Card?
Any person protected by a valid final order of protection (issued by criminal court, divorce court, or family court) can receive both physical and digital Hope Cards. Hope Cards are free.
How Can I get a Hope Card?
- Use the “Request a Hope Card” button on the Hope Cards website to complete and submit your request electronically. You will receive your Hope Card through an email or a secure text message link.
- Download the Hope Card Request form, and give the completed form to your criminal court, family court, or supreme court. Your Hope Card will be mailed to you.
You can request both types of Hope Cards or just one type. Your attorney can help you get a Hope Card in family court or divorce court. A prosecutor or an advocate can help you get a Hope Card in criminal court.
For more information: please visit the NY Courts website or go to the Hope Card website’s Frequently Asked Question page.