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Home > What’s The Difference Between A Family Court Order Of Protection And A Criminal Court Order Of Protection?

What’s The Difference Between A Family Court Order Of Protection And A Criminal Court Order Of Protection?

Family Court orders of protection are issued as part of a civil proceeding, while an order of protection issued by a criminal court is issued only against an individual who has been charged with a crime.

Criminal court orders of protection are issued at the time a defendant is released or makes bail, and your freedom depends on obeying the terms of the order.

In Family Court proceedings, an order of protection can be issued on behalf of a current or former spouse, someone you have a child with, a relative (by blood or marriage), or more nebulously, someone with whom you have had an “intimate relationship.”

This does not have to mean a sexual relationship, and the open-ended nature of the requirement gives the court broad leeway to determine whether the petitioner has grounds to request the order.

For a criminal court order of protection, you do not have to have any relationship at all with the complaining witness, and the district attorney requests the order on their behalf.

If you’re worried about a civil or criminal order of protection in New York, call the attorneys at Zelenitz, Shapiro & D’Agostino at 718-599-1111 for a free consultation.