Can I obtain a reciprocal order of protection?

Question Details:

If a temporary order of protection was issued against  me can I apply for an order of protection against the other party?

Asked 11/18/2009 under Criminal Defense | 512 View(s) | More Legal Topics

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Criminal Defense Law Answers

If you have the required legal grounds for seeking the order of protection, then you can apply for the order. The court may grant it if you can prove the need for the order of protection.

You can only obtain an Order of protection in criminal court if you are a victim of a crime. If the other person involved in the matter committed a crime you can attempt to have him/her arrested and seek an order of protection against him/her. If the other person is not arrested, you cannot receive an order against that person in criminal court. However, depending on your relationship with the person you wish to seek the order of protection against, you could seek an order of protection in Family Court. An ex, a partner or former partner a relative or an in law can be subject to the Family Court and you can file an order of protection against him/her in Family Court. If the other person is an acquaintance, stranger, friend neighbor or other relationship then you are out of luck without an arrest

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