Anyone know about Orders of Protection or Restraining orders?

oh no

umm i dont have any info sorry but hope things are ok!!!

What do you need to know?

1. is there a difference in the 2

2. why would someone have to go to court?

If you need a restraining order you do the process at the police station. They just ask you some questions and after that they have a detective call the person youre putting a restraining order against in order to notify them of your actions and also to 'scare' them a bit. They then askt his individual if they want to put one against the person filing one. Then an officer will also visit the person you put an order against to come and talk to them...then thats pretty much it. Once the order is filed they cant come near you.

ETA: You have to go to court in order to have the judge approve the order. I went to file one with the police station but never went through with it and didnt go to court b/c the police scared the sh** out of this guy so i didnt need to do the entire thing. But to have an official restraining order the judge must approve it.

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Posted by milana

If you need a restraining order you do the process at the police station. They just ask you some questions and after that they have a detective call the person youre putting a restraining order against in order to notify them of your actions and also to 'scare' them a bit. They then askt his individual if they want to put one against the person filing one. Then an officer will also visit the person you put an order against to come and talk to them...then thats pretty much it. Once the order is filed they cant come near you.

ETA: You have to go to court in order to have the judge approve the order. I went to file one with the police station but never went through with it and didnt go to court b/c the police scared the sh** out of this guy so i didnt need to do the entire thing. But to have an official restraining order the judge must approve it.

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I'm sorry but this is not how it works in New York.

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Posted by twinkletoes807

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Posted by milana

If you need a restraining order you do the process at the police station. They just ask you some questions and after that they have a detective call the person youre putting a restraining order against in order to notify them of your actions and also to 'scare' them a bit. They then askt his individual if they want to put one against the person filing one. Then an officer will also visit the person you put an order against to come and talk to them...then thats pretty much it. Once the order is filed they cant come near you.

ETA: You have to go to court in order to have the judge approve the order. I went to file one with the police station but never went through with it and didnt go to court b/c the police scared the sh** out of this guy so i didnt need to do the entire thing. But to have an official restraining order the judge must approve it.

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I'm sorry but this is not how it works in New York.

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This was in NY...i went down to police station with my parents, i was 17 at the time, and i never officially went through with the order b/c after the police officers spoke with the guy he decided to stop harassing me.

But im just giving my own personal experiance with this matter.

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Posted by milana

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Posted by twinkletoes807

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Posted by milana

If you need a restraining order you do the process at the police station. They just ask you some questions and after that they have a detective call the person youre putting a restraining order against in order to notify them of your actions and also to 'scare' them a bit. They then askt his individual if they want to put one against the person filing one. Then an officer will also visit the person you put an order against to come and talk to them...then thats pretty much it. Once the order is filed they cant come near you.

ETA: You have to go to court in order to have the judge approve the order. I went to file one with the police station but never went through with it and didnt go to court b/c the police scared the sh** out of this guy so i didnt need to do the entire thing. But to have an official restraining order the judge must approve it.

---

I'm sorry but this is not how it works in New York.

---

This was in NY...i went down to police station with my parents, i was 17 at the time, and i never officially went through with the order b/c after the police officers spoke with guy he decided to stop harassing me.

But im just giving me own personal experiance with this matter.

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sorry to crash but the same thing happened to me - we went down to the precint, filled out a report, and they told us we would have to go to court to have the restraining order approved - i went to do this for two different men on two different occasions but my parents and i never went through with it all the way - that was in staten island

so the court date is pretty much to set the order in stone?

I am so confused

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Posted by soon2bmrsVPT

1. is there a difference in the 2

2. why would someone have to go to court?

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1. An Order of Protection [OOP] and a Restraining Order are the same thing. The courts and police department use Order of Protection rather than the latter.

2. Someone has to go to court to obtain an OOP because it is a court order. They are not issued by the police department.

There are several types of OOPs, in that, they are not all the same. An ex parte order, is when a party goes to court, and shows a reason why he/she needs to have the court intervene and prohibit a person from contacting or coming near them or their home/work place. It's ex parte because the respondent [aka the bad party] is not present at this court proceeding. This is typically done when a person is truly in fear for their safety [and can show why] but the alleged 'bad party' has not been arrested. A lot of ex parte orders are given in Family Court, which allows a person more of a hands on approach, as long as the person against whom the OOP is sought, is a family member. The 'bad party' will appear in the court that issued the OOP on a later date so the judge can decide whether the Order needs to be in effect longer or permanently. Violation of an OOP is a crime [as long as the 'bad party' is aware of the order and was served with it] and the person in violation will go to jail for 'Criminal Contempt.'

If one needs an OOP for a non family member, Criminal Court is where he/she needs to go. These are harder to obtain...unless the bad party is arrested for a crime against the party seeking the OOP. Typically, if a person is arrested for Stalking, Assault, Menacing, Agg. Harassment or some other crimes, and the injured party is the complainant for the crime [and not PSNY, which is shorthand for People of the State of NY- or in other words the police officer arrests him/her without the injured party's input] the judge will issue the OOP against the injured party and the 'bad party' will be made aware of the OOP when he/she is in court to answer for the crime against the injured party.

OOP are serious and the police do not take them lightly. I have arrested many people in the past for violation OOPs. Temporary OOPs may last a few months to a year, whereas Permanent OOPs can be just that- permanent, though they are less common.

If you have any more questions please ask!! I hope that all made sense.

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sorry to crash but the same thing happened to me - we went down to the precint, filled out a report, and they told us we would have to go to court to have the restraining order approved - i went to do this for two different men on two different occasions but my parents and i never went through with it all the way - that was in staten island

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Sorry you had to deal with it twice...im glad you didnt have to go to court for it though....it would seem like a huge hassle imo.

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Posted by Future Mulligan

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Posted by milana

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Posted by twinkletoes807

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Posted by milana

If you need a restraining order you do the process at the police station. They just ask you some questions and after that they have a detective call the person youre putting a restraining order against in order to notify them of your actions and also to 'scare' them a bit. They then askt his individual if they want to put one against the person filing one. Then an officer will also visit the person you put an order against to come and talk to them...then thats pretty much it. Once the order is filed they cant come near you.

ETA: You have to go to court in order to have the judge approve the order. I went to file one with the police station but never went through with it and didnt go to court b/c the police scared the sh** out of this guy so i didnt need to do the entire thing. But to have an official restraining order the judge must approve it.

---

I'm sorry but this is not how it works in New York.

---

This was in NY...i went down to police station with my parents, i was 17 at the time, and i never officially went through with the order b/c after the police officers spoke with guy he decided to stop harassing me.

But im just giving me own personal experiance with this matter.

---

sorry to crash but the same thing happened to me - we went down to the precint, filled out a report, and they told us we would have to go to court to have the restraining order approved - i went to do this for two different men on two different occasions but my parents and i never went through with it all the way - that was in staten island

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You may have gone down to the precinct to have a Complaint Report prepared but the police [at least in the boros of NYC] do not issue order of protections. Detectives and police officers can fill out the Complaint Report while puts the violation or crime complaint, into the system, which will help to bolster your case for obtaining an OOP, but it is not the instrument that gives it to you. Only a judge [or in rare cases a referee in Family Court] can issue an OOP. Police Officers and/or Detectives do not have that power.

Edit for spelling

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You may have gone down to the precinct to have a Complaint Report prepared but the police [at lease in the boros of NYC] do not issue order of protections. Detectives and police officers can fill out the Complaint Report while puts the violation or crime complaint, into the system, which will help to bolster your case for obtaining an OOP, but it is not the instrument that gives it to you. Only a judge [or in rare cases a referee in Family Court] can issue an OOP. Police Officers and/or Detectives do not have that power.

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Yeap thats what I meant to say....that the restraining order could only be issued by the court, by going to the precint it doesnt give you an official order.