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| What Is an Order Of Protection? |
An Order of Protection is a document issued by a court which orders the defendant/respondent (abuser) to behave in a certain way so that you are protected. An Order of Protection CAN:
Only be changed or dropped by the court.
Only be enforced after it is served to the defendant/respondent.
Only be violated by the defendant/respondent.
Order the abuser to stop harassing or assaulting you and /or your children.
Order the abuser to leave or stay away from your home, place of work, school, and your family.
Order the abuser to have no contact with you - including phone calls, letters, or messages through other people.
Order the abuser to stay away from the children
Include specific provisions for the exchange of your children during visitation.
Family Court Orders of Protection can additionally:
Order custody, visitation, and child support.
Order the abuser to pay expenses related to the abuse.
Order certain personal property divided.
How Can You Obtain an Order of Protection?
An Order of Protection can be issued through Criminal, Family, and Supreme Court. Your may be able to access one or more of these courts depending upon your situation. The following paragraphs will explain the eligibility requirements for each court. A court can grant a temporary and /or permanent Order of Protection. A temporary Order of Protection can be issued before the case has been heard or decided upon. A permanent Order of Protection may be issued when there has been a finding/conviction regarding the act(s). The Order will expire, so be aware of the expiration date. In all courts, it is up to the judge to decide whether you will receive an Order of Protection, and what conditions the respondent/defendant will have to follow.
Family Court
You can petition Family court for an Order of Protection if you are either married, divorced, related by blood, or have a child in common with the respondent. Your are not eligible to file in family court if you do not meet one of these conditions. Also, in order for the court to consider your petition, a Family Offense must have been committed. A Family Offense is an act which constitutes harassment, assault, menacing, disorderly conduct, attempted assault, and reckless endangerment.
A. To file for an Order of Protection in Family Court during Family Court's working hours:
You must first go to the Probation Department. The Probation Department is there to verify that you want the court to intervene in your situation and that your are not looking for other assistance, such as other community services. at the Probation Department they will have you sign a paper verifying that you would like to file for and Order of Protection in Family Court. Once you have the paper from Probation, you can then go to the Family Court intake to file for a Family Offense (Order of Protection).
To file the petition, you must have the name, an address, and, if possible, the social security number and the date of the birth of the respondent. Family Court will also want to know physical characteristics, such as height, weight, hair and eye color of both you and the respondent. The more information you have about the respondent the easier it will be for the Family court to assist you.
The Family court clerk will ask you to either describe or write down recent event(s) that caused you to file for an Order of Protection. It is important that you tell the clerk in a short, detailed manner exactly what happened. Tell or write down the approximate date, time, location, and the order in which the events occurred. Even though it is difficult at times, it is very important to be specific. If the person threatened you and called you names, you need to tell exactly what the person threatened to do and what names they called you. Again, the more detailed your story is the easier it is for Family court to assist you.
B. Once the petition has been filed, it will be reviewed by a Family Court Judge. If you feel that you are in immediate danger, tell the clerk that you are seeking a temporary Order of Protection. Family Court will make a decision on your petition the day you file or the day after(except on the weekends). If you are granted a temporary Order of Protection, you will receive a copy and the respondent will be served with a copy. You will also receive a court date from Family Court telling you when you will have to appear in court with the respondent for a hearing. Even if you are not granted the temporary Order of Protection, you will still receive a court date.
C. You can go to Family Court with an advocate, an attorney, or by yourself. If you would like an attorney but cannot afford one, you may be eligible based on your income for a court appointed attorney. The judge will advise both parties of their rights when they appear in the court. Remember to plan for your safety when going to the court.
D. If it is after hours or on the weekend, you may petition a Criminal court in your city, town, or village for a temporary Family Court Order of Protection.
Criminal court
You can request an Order of Protection from Criminal Court only if the defendant is arrested or an arrest is imminent. If the abuser is arrested or going to be arrested and you would like an Order of Protection from Criminal Court, you can:
Go to you local Criminal Court and request an Order.
Ask the police or the District Attorney's Office to request an Order on your behalf. (The District Attorney will bring the case to court, so you do not have to pay for legal representation.)
Supreme Court
You may request an Order of Protection from supreme Court if there is an ongoing divorce, separation, or annulment proceeding involving you and your partner. Contact your attorney for assistance.
Once You Obtain An Order of Protection
Always keep a copy with you.
Give a copy to a trusted friend, relative, or neighbor.
If the abuser violates the order, call the police - they are mandated to arrest the abuser.
You can request that the order be amended if your situation changes.
Remember, you need to make other plans for your safety besides obtaining an Order of Protection.
Paternity, Custody, Visitation, and Child Support
You must file for paternity, custody, visitation, and child support in family Court, or in some cases, the Department of Social Services will file for paternity and child support on your behalf. For child support, you first go to the Probation Department and then the Family court intake. For paternity, custody, and visitation, you can go directly to Family Court intake.
Locations and Hours
Cayuga County Family Court
Cayuga County Courthouse
152 Genesee Street, Auburn, N.Y.
Court room- 3rd floor
Intake- 2nd floor
Hours: Intake 10am to 4p.m., Monday - Friday (summer hours: 9am - 3pm)
Phone: 315-255-4306
Cayuga County Probation Department
Cayuga County Courthouse
152 Genesee Street, Auburn, N.Y.
Probation Department- 3rd floor
Hours: 9am to 12noon, 1pm to 5p.m., Monday - Friday (summer hours: 8am-4pm)
Phone: 315-253-1246
Auburn City Court
153/157 Genesee Street, Auburn, N.Y.
Hours: 8am to 4p.m., Monday-Friday
Phone: 315-253-1570
Local Town or Village Courts:
For Locations and hours, call the Cayuga County Sheriff's Department, NYS Police, Cayuga County District Attorney's Office, or Cayuga/Seneca Community Action Agency - Domestic Violence Intervention Program.
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