Entry vii · Safety
Two doors to an order of protection
Safety
Two doors to an order of protection.
- Issue
- Where do I go to get an order of protection?
- Rule
- Family Court hears family offense petitions between people in a qualifying relationship. Criminal court issues orders as part of a criminal case.
- Translation
- You may have more than one door. Choose with a plan.
In Family Court, you file the petition yourself, and it is a civil proceeding. Qualifying relationships include spouses, former spouses, people with a child in common, relatives, and people in an intimate relationship.
In criminal court, an order of protection usually follows a police report and an arrest, and the case is prosecuted by the District Attorney.
Some people pursue both at once. If you are in immediate danger, call 911 first. The paperwork can wait.