What do I need to get an order of protection against my husband in New York?
To obtain an order of protection against your husband, you will need to prove that your husband committed a “family offense”. As an aside, on paper at least this law applies to both men and women equally. While men occasionally seek orders of protection against their wives, it is still far more common for women to seek orders of protection.
The term “Family Offense” is probably best described as any crime of domestic violence. Some common examples are assault, harassment, stalking and reckless endangerment. If you can prove that a Family Offense has been committed, the judge can grant the order of protection.
There are 3 types of orders of protection:
1. Stay away – Your husband cannot go near you. Sometimes the judge will describe this in terms of feet, i.e. your husband cannot come within 1,000 feet of you.
2. No contact – Your husband cannot contact you through any means whatsoever. So, no phone calls, emails, texts and so on.
3. No “illegal contact” – Your husband is prohibited from engaging in any illegal conduct toward you. Yes, this order is somewhat redundant as it prohibits your husband from doing acts that are already illegal. However, the benefit is that if your husband engages in illegal conduct toward you after the order is issue, the criminal charges he will face will be far more serious.