Admin How do I file a restraining order against someone in NY?
How do I get an Order of Protection through Family Court?
- You can file a family offense petition in Family Court to request an Order of Protection.
- You must have a certain relationship with the other person.
- You must allege and prove that the other person committed certain crimes against you.
How can I get a restraining order for harassment?
To file for an HRO, you can go to the district court in the county where you live, where the harasser lives, or where the harassment took place. A judge will decide whether or not to issue you an ex parte temporary order on the day you file.
How do I prove harassment in NY?
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.
What is considered harassment in NY?
In simple terms, harassment is any action taken by one person with the express purpose of annoying or alarming another person. As provided in New York Penal Law §240.26, harassment in the second degree may involve: Any physical conduct intended to annoy another person. Any following of a person in a public place.
Where to file a restraining order in New York State?
Whether you’re looking into filing one or whether you are on the receiving end, it is important that you know the rules regarding restraining orders in New York State. Also known as orders of protection, restraining orders may be filed with the Family Court, or Criminal Court of the state of New York.
How to file a restraining order in a harassment case?
Said facts must be included in a narrative or affidavit stating the ultimate facts of the case. The Petitioner’s Affidavit and Petition for Restraining Order must be filed before the court administrator in the county where either party resides or in the county where the act of harassment occurred. Filing fees will be charged therefor.
How to file a restraining order in Family Court in California?
Restraining Orders. 1 Step 1: Go to court to file the petition. In family court, you can file your petition in the county where either you or the abuser lives, or where one 2 Step 2: Fill out the forms. 3 Step 3: A judge will review your petition. 4 Step 4: Service of process. 5 Step 5: The hearing.
What to do if you are a victim of harassment?
Any person who is a victim of harassment may seek for the issuance of a restraining order from the Court. In case of a minor victim, the parent or guardian of the minor may request for the issuance of the same. Once the restraining order is issued, it may prohibit any form of harassment from happening.