How Long Do Protection Orders Last?

Orders of protection generally last for two years. They can last for as long as five years, if there are aggravating circumstances. There can also be shorter orders of protection – usually if the parties settle or resolve the case. Nevertheless, there also is the potential of someone filing a petition at the end of the term of the order of protection for an extension of the order of protection.

What Can I Do If Someone Violates The Order Of Protection?

If someone violates an order of protection, call the police right away. The person can be immediately arrested. You can also file a violation petition, which brings the case to criminal court and/or family court. The person would be looking at jail time at that point.

Can I Decide Not To Pursue The Order Of Protection For Some Reason?

The court cannot force someone to proceed with an order of protection, if s/he chooses to withdraw it. The only theoretical exception is where the Judge feels that in withdrawing the order of protection, the petitioner may be putting children at a risk of harm. In that case, they do have the authority to order Child Welfare to step in, conduct an investigation, and report back to the court as to whether a possible child neglect case needs to be filed.

The Judge also has the power to refer the case over to the District attorney’s office for criminal prosecution. Even then, it remains the sole province of the District Attorney to determine whether they accept the case and actually file a criminal case or not. A Judge has no authority to order a District Attorney to actually file a case.

The third option is where a person may contact his/her attorney saying that the order of protection has been violated. Short of filing a petition, the attorney can issue a “cease and desist” letter to the other side, warning them that the victim will immediately call the police and/or file a violation petition upon the next violation.