Is it possible to obtain a restraining order without appearing in court?

It is possible to obtain a restraining order without appearing in court in New York. Anyone who is a victim of domestic abuse can make an application to the Family Court for an Order of Protection. This procedure is referred to as ‘ex parte’. The court will consider the application and issue a temporary order of protection without a court hearing. This temporary protection is only valid for a certain period of time. The temporary protection is applicable for a period that is specified in the court order. It is intended to provide protection to the victim against future violence or abuse. During this period, the defendant is not allowed to contact or approach the victim or to commit any act of violence against the victim. It is important to understand that the protection provided by a temporary order of protection is limited and the court does not consider arguments from either party. The order is made without a hearing. After the period of temporary protection, a hearing must be held in family court and the court will consider the arguments of both parties before deciding whether to issue a permanent order of protection.

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