Can you sue someone for a false restraining order?

Can you sue someone for a false restraining order?

A false restraining order can be more damaging than just restricting your access to your loved ones. If you’ve been falsely accused, you should sue for a false restraining order to protect your reputation and eliminate the risk of a dent in your future employment prospects.

How do I fight an order of protection in NY?

Call the New York order of protection lawyers and former New York City prosecutors at (212) 312-7129 or contact us online to aid you in securing a restraining order or to defend you against a wrongful granting of an order of protection.

Are orders of protection public record in NY?

An Order of Protection issued in Family Court will not show up on a criminal background check, since cases in Family Court are not criminal cases. However, an Order of Protection issued in connection with a criminal case is a public record, and can be discovered in a criminal background check.

What happens if the victim violates the order of protection NY?

Failure to comply with an order of protection in New York can result in imprisonment and fines. The penalty depends on the severity of the violation. As all orders of protection are court orders, a violation can lead to a new charge of criminal contempt of court.

What happens if the victim violates the order of protection in NY?

What happens if you violate an order of protection in New York?

For violating a New York order of protection the court could hold you in contempt. Criminal contempt in the second degree is a class A misdemeanor that can be punished by a maximum one year in jail and/or a find of $1,000.

Where can I get an order of protection?

For example, it can order someone to: You can get an order of protection from a Family Court, a court that hears criminal cases and a Supreme Court. 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.

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.

Can a Supreme Court Order of protection be issued during a divorce?

Supreme Court. The Supreme Court can issue orders of protection during a divorce case. You ask the court for an order of protection during the divorce case by making a Motion or Order to Show Cause. You can also ask the Judge on your court date.