Stay Away From Order Of Protection Research Paper

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An Order of Protection is a court issued legal document in which a judge orders someone to follow specific conditions of behavior-that is, tells someone things that they must do or must not do. In New York, an Order of Protection will typically include one or both separate orders, a Refrain-From Order and a Stay-Away Order. A Refrain-From Order of Protection does not order the respondent to stay away from any particular individual but directs that respondent to refrain from certain specified conduct with respect to another individual or individuals. A Stay-Away Order prohibits the accused from coming within a certain distance of the victim as well as the victim’s residence and place of work. This may include provisions regarding staying away from children …show more content…
When the Court is convinced that someone has committed an offense or endangered the person protected by the Order, a final Order is issued. In New York State, every Order has a specific expiration date. Current New York State law allows a Family Court to issue orders of protection for a maximum of two years and, with aggravating circumstances, for a maximum of five years. Violation of a valid order of protection itself constitutes an aggravating circumstance. Criminal court orders of protection vary according to the severity of the offense: one year for violations, three years for misdemeanors and five years for felonies (NYS Office for the Prevention of Domestic Violence, 2014). Under certain circumstances, Orders may be extended or renewed. Police can make immediate arrests if they have reason to believe an Order has been violated. Many women believe that once their abuser has been arrested, the violence is over. Depending on how long the Order stands, they could be facing the same issue five years later. Some women choose not to follow through with the Order, whether or not one is in place. If a woman falls victim to IPV, intimate partner violence, they may never place an Order on
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