Temporary Order of Protection
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Plain-English Meaning
A short-term order of protection issued quickly by a judge — often the same day as a petition or arrest — before a full hearing. It provides immediate protection while the case is pending.
Legal Context
Under N.Y. Family Court Act § 828, a court may issue a temporary order of protection (TOP) on the petitioner's sworn statement alone, without the respondent present, when it finds reasonable cause to believe a family offense occurred. The TOP remains in effect until the next court date or until replaced by a final order. A TOP issued in criminal court typically accompanies release conditions after a domestic violence arrest.
Real-Life Example
On the night of an alleged assault, the police arrested the accused and the next morning the criminal court judge issued a temporary order of protection as a condition of release, directing him to stay away from the complainant pending the case outcome.
Related Statutes
Related Terms
Source
Based on N.Y. Family Court Act § 828. Original B-Legal plain-language explanation.
N.Y. Family Court Act § 828
Definitions are simplified for education. Legal meanings vary by jurisdiction, context, and case facts. This definition is original B-Legal content and is not affiliated with or derived from any proprietary legal dictionary.