Evidence suggests that around 10 million individuals are victims of family and domestic violence each year in the U.S. This implies that as assaults are on the rise, so is the job of any process server in NY. Their primary task is to prepare documents for protection orders. If you need an order of protection for safety reasons, it’s best to understand temporary and permanent protection orders and their main differences.
Understanding Temporary Protection Orders
Temporary protection orders are issued solely to provide instant defense from the abusive party. The state of New York has two types of temporary protection orders.
A temporary restraining order involves a quick process and can be done ex parte. The abusive party doesn’t have to be present at the court to justify themselves, and the decision is based on the victim’s testimony. Remember that there has to be a sufficient amount of tangible evidence for temporary protection to be issued.
A temporary protection order involves a hearing where both parties can present their case. It can be issued for a period of 12 months, with the possibility of being extended or modified.
Understanding Permanent/Final Protection Orders
All permanent protection orders were once temporary. The court hearing will decide if issuing a permanent protection order is unavoidable. The accused has to be present in court, is allowed to explain their behavior, and seeks a dismissal.
If the protected individual witnesses and proves there is a real danger of future mistreatment, and the temporary one isn’t enough, permanent protection is given. A protection order from the Criminal Court covers up to 8 years, while a Supreme Court protection order is permanent.
Permanent and Temporary Protection Orders: Major Differences
We’ve compared these types of protection orders in terms of duration, expiration, and level of protection to help you understand their inherent dissimilarities.
Duration and Expiration
As the name implies, temporary orders last only during a hearing. Typically, this is a time interval of around 14 days. Later, the party seeking the order has the right to ask for a permanent order if needed. On the other hand, permanent orders may last several years, except for child custody, which lasts a year.
Regarding expiration, a temporary order will stop when the required time has passed and can continue if a new order is requested. But permanent ones aren’t altered or ceased until the court decides otherwise.
Level of Protection
Temporary orders are suitable for immediate momentary protection. They stop the accused from contacting the victim for two weeks and only require a petition to be granted. Permanent protection orders deal with custodial parent responsibility, long-lasting withdrawal of family, and prohibitions on selling individual property. They are given when the judge thinks the accused will continue jeopardizing the victim. It’s important to denote that they need a full hearing.
Let Serve Index LLC Serve Your Legal Documents
At Serve Index LLC, we understand the importance of petitions and orders of protection to keep you away from violence.
That’s why our process server in NY, will prepare all the documents for your protection order needs and deliver them to you or anyone involved in this misfortunate case. The receiving party will get them accurately and error-free. Reach out and let us guard your safety!