What is a Family Court Order of Protection?

 What is involved in a family court order of protection or a family  court offense petition?

In order to obtain an order of protection from family court you must state that a “family offense” occurred. Many actions can be considered family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you or your children.  The following things can be covered by a family court order of protection:

1) Full stay away (Commonly known as a Class A Order of Protection) The court can order the order the offender to stay away from you or your children entirely. This includes staying away from you at all times including having no communication with you whatsoever via telephone or any other means. A full stay away order will cover your home, work, or any other other place you may go.
2) Partial order of protection (Commonly known as a Class B Order) A class B order will allow the offender to be in your presence and/or communicate with you but the offender may not annoy, alarm, harass, or hurt you in any fashion.

If a family court issues an order of protection it may require the offender to surrender any firearms he/she may have. The Sheriff’s Dept may also suspend the offenders firearms license.

If a permanent order of protection is issued by family court it may last up to five years.

If you or your family needs a family order of protection, we encourage you to seek the advice of a family law attorney who routinely handles Family Court cases in your state. It is important to seek the advice of  an attorney to properly prepare a petition for an order of protection, which  can be done quickly in an emergency. If you live in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to give us a call 315-701-2939 or CONTACT OUR OFFICE 

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