In New York, obtaining a family court order of protection involves specific requirements for both temporary and final orders. For a temporary order, known as an ex parte order, the petitioner must demonstrate to the court that they have been subjected to or are in immediate danger of domestic violence or harassment by the respondent. This can be achieved through sworn testimony or evidence provided to the court.
Once a temporary order is granted, a final order of protection can be sought through a formal court hearing or by mutual agreement of the parties. To obtain a final order, the petitioner must present evidence of the alleged family offense, such as testimony, documents, or other supporting evidence. The respondent has the opportunity to present a defense and contest the allegations during the hearing.
For both temporary and final orders, the court will consider factors such as the nature of the relationship between the parties, any history of violence or harassment, and the current circumstances surrounding the request for protection. The court will issue the order if it determines that there is a sufficient basis to warrant protection for the petitioner.