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A family court order of protection requires certain relationship

A family court order of protection in New York is different from a criminal court order of protection. However, their purpose is similar and its intention is also to protect against violence.

Two different courts may be making the different orders. The relationship between alleged victim and defendant may be the controlling factor.

Difference between family and criminal court orders of protection

A family court order of protection can only issue when the victim, known as the petitioner, and the defendant, known as a respondent, have or had a family relationship or had an intimate relationship. The family court will issue a temporary order of protection when there is a criminal action pending.

On the contrary, a criminal court order of protection can issue when there is no civil family court case existing and when the victim or witness of an alleged crime are unrelated to the defendant accused of a crime.

Kinds of relationships required

The family court order's purpose is to prevent domestic violence. The type of relationship between the parties required includes the following:

  • The defendant's relation to the alleged victim is by marriage or blood
  • The defendant and the alleged victim are or were married
  • The defendant and the alleged victim have a child together
  • The defendant and the alleged victim had an intimate relationship

An intimate relationship does not require a sexual relationship, and after considering its nature, the court will determine if the close relationship meets the intimacy criteria.

Acceptable conditions in an order of protection

The law governing family court order of protection is the New York Consolidated Laws, Criminal Procedure Law, section 530.12. It may order that the respondent comply with many conditions, including but not limited to the following:

  • Do not go near the home, job, school of the petitioner or petitioner’s family members or other witnesses
  • Allow a parent or other entitled person to visit with a child living with the respondent
  • Abstain from committing any family offenses or criminal offenses against the child or family member or person with custody of the child
  • Abstain from harassing, scaring, threatening or creating unreasonable risk to health of the child, family member or person with custody of child
  • To allow designated person to enter residence to remove personal belongings

As with a criminal court order of protection, a family court can include protections for a companion animal of the alleged victim or child in the household.

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