What constitutes harassment in NY?

What constitutes harassment in NY?

HomeArticles, FAQWhat constitutes harassment in NY?

In simple terms, harassment is any action taken by one person with the express purpose of annoying or alarming another person. As provided in New York Penal Law §240.26, harassment in the second degree may involve: Any physical conduct intended to annoy another person. Any following of a person in a public place.

Q. What percentage of protective orders are granted?

Recognizing two procedural regularities helps interpretation and analysis of restraining order statistics. First, about 90% of initial civil petitions for domestic-violence restraining orders are typically granted.

Q. Why would a judge not grant a restraining order?

First, the judge may find that the defendant has not committed an act of domestic violence based on the evidence presented, whether it be criminal mischief, harassment, simple assault, terroristic threats, or another offense.

Q. What is the difference between no contact order and protection order?

First off there is a difference; a no-contact order is criminal and and protective order is civil. In order to have a protective order put in place, a party needs to go to the courthouse and file an application to have a protective order put in place against a certain person.

Q. How do you keep someone away from you legally?

A restraining order or protective order, abbreviated PFA, is an order used by a court to protect a person, object, business, company, state, country, establishment, or entity, and the general public, in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.

Q. How does a family court order of protection work?

Family Court. The Family Court issues orders of protection as part of a civil, non-criminal, case. You start the case by filing a Family Offense Petition. The goal is to provide relief in an attempt to end the violence. Criminal. The goal of the criminal case is to prosecute and provide punishment if there is a conviction.

Q. How to get an order of protection in New York?

You can contact the Family Court in your county for help completing and filing the petition. You may also wish to speak with an attorney or domestic violence advocate before filing. For information specific to filing an order of protection in New York City visit the Family Court Website.

Q. Who is the petitioner for an order of protection?

The person filing the petition is called the “ petitioner ,” and the person the petition is filed against is called the “ respondent .” You can contact the Family Court in your county for help completing and filing the petition. You may also wish to speak with an attorney or domestic violence advocate before filing.

Q. Can a district attorney request an order of protection?

In a criminal case, the district attorney requests an order of protection for the victim or complaining witness. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order. A Supreme Court order of protection can be issued as part of an ongoing divorce proceeding.

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