If the respondent comes to court: Typically, you will see a court attorney (the Judge's law assistant) before you see the Judge. You can ask to speak to the court attorney separately from the respondent. The court attorney will ask the respondent if he or she will agree, to the final order of protection. Two things can happen:

a) If the respondent agrees to an order of protection: When respondents agree to an order of protection, they usually consent to the order without admitting that they have done anything wrong. This means the court has not made a finding against them. An order without a finding ("on consent") has the same effect and will protect you the same way that an order after a trial would. If the order is violated, the respondent can be arrested. However, an order on consent does not establish that the respondent did anything wrong for use in other proceedings, such as custody or visitation.

b) If the respondent does not agree to the order of protection: If the respondent does not agree to an order of protection and all of the terms you asked for, your case will go to trial. If there is a trial in your case, there may be several court dates before it is resolved. You will have the opportunity to tell the Judge your story and present evidence in support of your case.

AM I ENTITLED TO AN ATTORNEY? Both petitioners and respondents in family offense cases are entitled to court appointed ("I 8 B") attorneys if they are "indigent" (cannot afford to retain an attorney). Only the Judge can decide if you qualify for an attorney. The Judge may not appoint an attorney unless you ask for one. You can ask for one at any time. You can also try to find an attorney on your own. There is a list of legal services offices on pages 8. If your case goes to trial, you may need an attorney.

WHAT IF THE RESPONDENT VIOLATES THE ORDER OF PROTECTION?It is a crime to violate a temporary or final order of protection. If the respondent does not obey the order, then you can call the police. The police will probably arrest the respondent for violating the order of protection. The respondent does not have to hit you to violate the order. If the respondent comes to your home and the order says he can't, then you can call the police. You also have the right to file a violation of the order in Family Court. Filing a violation in Family Court usually will not result in arrest of the respondent. You can choose to go to Family or Criminal Court, or both.