Articles Posted in Domestic Violence

Published on:

Q: In what cases do criminal courts issue orders of protection?

A: Criminal Procedure Law Sections 530.12 and 530.13 authorize criminal courts to issue orders of protection when a criminal action is pending involving a complaint charging any crime or violation between family members, or for "good cause," or upon a conviction in a case in which an order of protection had been issued. Typically, orders of protection are issued in cases involving allegations of domestic violence, harassment, rape, or assault, and they direct the accused defendants to abide by an order of protection in favor of the complaining witness or victim.

Criminal courts do not issue orders of protection of behalf of places or entities, only on behalf of individuals. Thus, a court will not issue an order of protection on behalf of a bar or an organization, but might name multiple protected people on one order.