WHAT'S THE DIFFERENCE BETWEEN A TEMPORARY AND A FINAL ORDER OF PROTECTION? A temporary order of protection is issued on the day you file for an order of protection before the respondent is served with the papers. It only lasts until the next time that you are in court. The court usually will extend the temporary order at each court date until the case is over. If a final order of protection is issued, this occurs at the end of the case after the Judge finds that a family offense was committed or the respondent agrees. A final order lasts for one or three years. A final order of protection can also include:

1) Restitution: If the respondent damaged any of your property (e.g. car, windows, furniture), the court can order the respondent to pay damages ("restitution") up to $ 10,000. You will have to prove the value of what was damaged.

2) Medical expenses: The court can order the respondent to pay for any medical expenses arising from the abuse.

3) Batterer's education program: The court can order the respondent to participate in services, such as a batterer's education program, or make referrals for drug or alcohol counseling.

CAN I ASK FOR CUSTODY OF OR VISITATION WITH MY CHILDREN?

1) Custody: You can ask the court to order that the respondent not interfere with custody of your children as part of the order of protection. This order will last for as long as the order of protection does. You may also file a separate petition for custody. The clerk will help you file a petition for custody.

Either parent can file a petition for final custody at any time.

2) Visitation: The court may order visitation for either parent as part of the order of protection. The court can specify times for the visits and safe places to exchange the child, such as a police precinct or friend's home. If necessary, the court can order supervised visits. The visitation order will last only as long as the order of protection. Either parent may file a separate petition for visitation at any time. However, the court may direct that a separate petition be filed to determine this issue.

WHEN WILL I SEE THE JUDGE?After the clerk drafts the petition, you will wait to see a Judge on the fifth floor. The Judge will review the petition and determine whether there is good cause to issue you a temporary order of protection. The Judge will order a summons to serve on the respondent and a date to come back.

WHAT DO I SAY TO THE JUDGE?The Judge may ask you questions about what you said in the petition. The Judge will decide whether to issue a temporary order based on your petition and answers to the questions. Tell the Judge if you want the respondent excluded or need temporary child support. Even if the Judge does not issue the temporary order of protection, you may get one later. If you can't afford a lawyer, you can ask the Judge to appoint one for you.
The Judge will ask you how you want to serve the papers. (The different options are listed below.) The court may issue a warrant directing that the respondentbe brought immediately before the Family Court. Warrants are issued under special circumstances, such as when your safety or the safety of your child is at risk.