Legal Question in Family Law in New York

Can you get a verbal restraining order for harassment in NY?

Asked on 7/07/13, 7:24 pm

1 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

I'm not sure what you mean by a "verbal restraining order," and while you do not indicate that the person against whom you want to get the order is a relative, I am going to assume that it is since you posted the question in the "Family Law" section of this website.

If this person is a "family member" or an "intimate relation" then you can seek an order of protection against this person in either Criminal Court, Family Court, or both. Under the relevant laws, a "Family Member" and "intimate relation" is defined as follows:

(a) persons related by consanguinity or affinity;

(b) persons legally married to one another;

(c) persons formerly married to one another regardless of whether they

still reside in the same household;

(d) persons who have a child in common regardless of whether such

persons have been married or have lived together at any time; and

(e) persons who are not related by consanguinity or affinity and who

are or have been in an intimate relationship regardless of whether such

persons have lived together at any time.

In terms of what you can get an order of protection for, you will have to prove that this person's conduct fits into one of the following criminal offenses as defined by NYS statutes:

disorderly conduct, harassment in the first degree, harassment in the

second degree, aggravated harassment in the second degree, sexual

misconduct, forcible touching, sexual abuse in the third degree, sexual

abuse in the second degree as set forth in subdivision one of section

130.60 of the penal law, stalking in the first degree, stalking in the

second degree, stalking in the third degree, stalking in the fourth

degree, criminal mischief, menacing in the second degree, menacing in

the third degree, reckless endangerment, criminal obstruction of

breathing or blood circulation, strangulation in the second degree,

strangulation in the first degree, assault in the second degree, assault

in the third degree or an attempted assault, criminal obstruction of

breathing or blood circulation or strangulation between spouses or

former spouses, or between parent and child or between members of the

same family or household

As you can see, the relevant laws are complex. If you want guidance with this matter, you should consult with a Family Law expert in your area. We can help you if you wish to schedule a consultation.

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Answered on 7/09/13, 5:12 am

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