The Difference Between a Temporary and Permanent Order of Protection

Orders of protection are vital for the safety and peace of mind of many individuals. There are two primary types: temporary and permanent. Understanding the difference between the two is essential to ensure the right protection is in place. 

At Aiello & DiFalco, we represent clients throughout Long Island and New York City, helping them navigate orders of protection. If you need assistance obtaining a protective order, we will provide compassionate, efficient representation during this trying time. Contact us today for a confidential consultation. 

About Orders of Protection 

An order of protection is a court order designed to prevent harassment, threats, or violence by one individual toward another. Individuals might seek an order of protection for reasons ranging from domestic violence to stalking or other forms of intimidation.

Temporary Order of Protection 

A temporary order of protection is an immediate, short-term protective measure granted when there’s an imminent threat. This order typically lasts until the court hearing date, which could be a few days to several weeks. The court will grant a temporary order when immediate intervention is required to safeguard an individual from harm. 

To obtain a temporary order, one must file a petition detailing the reasons for seeking protection. A judge then reviews the petition, and if convinced, grants the order without a full court hearing. The scope varies, but it might involve restricting the accused from contacting, approaching, or even residing in the same house as the petitioner.

Permanent Order of Protection 

A permanent order of protection offers long-term protection after a court hearing where both parties present their cases. A permanent order lasts from one to several years; the court will grant a permanent order when there’s a demonstrated need for extended protection after evidence and testimony have been evaluated.

After a full court hearing, where both parties present evidence, a judge will decide if a permanent order is necessary. Like its temporary counterpart, this order can dictate various conditions, but given its long-term nature, the court thoroughly evaluates its implications.

Key Differences

  • Duration – Temporary orders are short-term, lasting until a hearing, whereas permanent orders can last several years.
  • Issuance process – Temporary orders are granted based on a petition without a full hearing, while permanent orders require a comprehensive court hearing.
  • Conditions/restriction – Both have varying conditions, but permanent orders generally come after a more in-depth evaluation.
  • Modification and termination – Temporary orders are typically replaced by permanent ones or dismissed after the hearing, while permanent orders can be modified or terminated based on subsequent court evaluations.

Which One is Right for You? 

Choosing between a temporary or permanent order of protection depends on the immediacy of the threat and the long-term need for safety. Factors like the nature of the threat, the relationship with the accused, and past incidents play a role. It’s crucial to consult with an attorney who can provide insights and guide the decision-making process based on individual circumstances.

How Our Firm Can Help 

Orders of protection may seem straightforward, but they involve legal complexities. At Aiello & DiFalco, our team is well-versed in the nuances of the law, ensuring we approach every case with comprehensive understanding. Whether navigating evidentiary requirements or strategically presenting your case, we will work to highlight the urgency of the situation, ensuring your needs are front and center.

Because every individual’s circumstances are unique, we tailor our approach to the specifics of each case. We start by thoroughly assessing the situation and the factors that might influence the outcome. Whether it’s a temporary measure required due to an immediate threat or a permanent solution for ongoing safety, we devise a strategy best suited to protect you.  

Trust Aiello & DiFalco to be your steadfast allies, guiding you through every step. From the initial filing of the petition to representing you during hearings and adhering to all court mandates, we work to make the process as smooth and efficient as possible.

Beyond the legal details, we recognize the emotional toll involved in seeking an order of protection. We will work to ensure that you are legally protected and guide you through the process. Our attorneys will take the time to listen, understand, and provide informed counsel when you need it most. Let Aiello & DiFalco be your partner in pursuing safety and peace.

Contact Our Experienced Long Island Order of Protection Attorney

Orders of protection are essential for those seeking safety from threats or violence. If you or someone you know is in such a situation, don’t hesitate to contact Aiello & DiFalco for a comprehensive consultation. Your safety is our commitment.