HOW ARE ORDERS OF PROTECTION ENFORCED?
Violating an order of protection is a crime. If your abuser does not abide by your order of protection, you should call the police and show them the order when they arrive. Once you have an order of protection in place, the police have to make an arrest if they believe it is being violated. If you have a “stay away” order of protection, the abuser does not have to threaten or physically harm you to be arrested. If he or she comes to your home, for whatever reason, the abuser can get arrested for violating the order. If the respondent does not abide by the order of protection, you also have the right to file a violation of the order in Family Court. This generally does not result in the respondent getting arrested.
If you have a valid New York order of protection that meets federal standards, it can be enforced in another state. The Violence Against Women Act stipulates that each state must enforce out-of-state orders of protection in the same way it upholds its own orders. Thus, if you have an order of protection from another state, it will also continue to be enforced in New York.
If you need legal assistance enforcing an order of protection or if your abuser has violated an order, contact a family law attorney from Brian D. Perskin & Associates P.C.
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