Extension Of Order Of Protection

Orders of Protection issued by the Family Court either direct a person to refrain from certain "family offenses" such as disorderly conduct, harassment, stalking, assault and numerous other types of behavior or they direct the person to stay away from the other person wherever they may be including home, school and employment locations. The Order can also prohibit communication between the two persons or anyone acting on their behalf.

Often an Order of Protection is issued for a period of one year although dependent upon the circumstances the court may issue it for a longer period of time. The date of expiration is contained in the Order so that both parties know when it expires.

The Family Court Act permits a person to seek an extension of the Order of Protection for "good cause". To determine if there is good cause a general standard is used in which the court may consider the acts that led to the issuance of the order of protection, the likelihood of contact between the parties in the future, the type of interactions the parties have had, if any, since the order was issued, the emotional relationship of the parties at the later date and other similar factors to determine whether and the level of risk that remains.

Any person considering an extension or opposing an extension should consult with an experienced matrimonial attorney for guidance as this type of application is not commonly filed.

Categories: Order of Protection
Steven P. Kuhn, Attorney at Law
Suffolk County Divorce Lawyer
Located at
5225 Route 347, Building 7, Suite 37
Port Jefferson Station, NY 11776.

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