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.