New York Restraining Orders: How Do They Work?

Restraining orders are called orders of protection in New York State. Two types of courts issue them’ family courts and criminal courts. But, how do they work, how do they differ and what happens when they’re violated? Our New York legal expert explains.

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What is the difference between domestic violence and civil harassment?

Domestic violence cases are often confused with civil harassment cases. Civil harassment occurs when one person annoys, harasses, injures, or threatens another person. However, a civil harassment case does not have to meet the relationship test established for domestic violence. Domestic violence cases can often be more volatile than civil harassment cases. Because of the special relationship between the parties, a domestic violence case often results in greater harm caused by one person against the other.

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Restraining Order Violations

Violation of a restraining order, otherwise known as a protective order, is considered contempt of court. Breaking a restraining order can result in a variety of penalties depending on the severity of the violation, the specific terms of the order, and the state where the incident occurred.

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