What are the rules of a stay away order?
What are the rules of a stay away order?
“Stay away” orders dictate a distance that must be maintained between the affected persons (often about 100 yards, although accommodations can be made). “Stay away” orders also can include restrictions on places the restrained person can go, such as the home of a spouse or the restrained person’s workplace.
What is a full stay away order?
A Stay Away Order is an Order issued by a Judge in a domestic violence, domestic battery, or stalking case. The Order is effective unless cancelled or modified during the period that the court has jurisdiction over the case.
How long is a stay away order good for?
The maximum length of a restraining order is five years from the court date or court hearing date upon which the order was issued.
What are grounds for a restraining order in NY?
Orders of protection are issued by a judge to protect you from another person who is abusing, harassing, threatening, and/or intimidating you, or has committed a crime against you. Orders of protection are commonly issued in cases involving domestic violence, but may also be issued under other circumstances.
How does a restraining order work in NY?
What does an Order of Protection say? An Order of Protection can require a person to stay away from another person, their home, school and work. The order could also prohibit some types of contact with the other person, or even all contact. The court can make exceptions such as to arrange visitation with a child.
What constitutes harassment in NY?
In the simplest of terms, harassment is committing actions with the intent to harass, threaten, seriously annoy or alarm another person. Depending on the severity of the alleged action, it can be a violation-level offense, a misdemeanor, or even a felony.
What is considered harassment in NYS?
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.
How do I drop a restraining order in NY?
The person who requested the Order cannot change the Order or make it meaningless by allowing the Defendant to have contact. If the person who is protected by the Order wants it changed or dropped, then that request must be made to the Judge or the Assistant District Attorney.
