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Order of Protection in Criminal Court

This is a general description of the process in Dutchess County, New York.

  1. Call police. You are reporting a crime.
  2. Press charges against husband/partner. Harassment is usually the charge unless there are bruises evident or hospital emergency room records.
  3. Tell police that you want an Order of Protection. Find out when judge will be sitting.
  4. An Order of Protection can be issued as soon as the judge is sitting, usually at the time when he issues warrant for arrest, or at the time of arraignment. It is not always necessary for you to appear before the judge to receive an Order of Protection. The papers for an Order of Protection should be served to the defendant at the time of arraignment or hearing.
  5. Someone from the Dutchess County District Attorney's Office should follow through with the charges. It would be a good idea for you to contact whatever D.A. is covering that court and tell the D.A. what happened. You can also relate what conditions you would like for the abuser, i.e., alcohol/drug counseling, counseling for batterers, jail, probation, etc. You may be asked to appear in court at some future date. You should be notified through your lawyer or by mail.