The teacher-student relationship can be beneficial to a student’s growth and development. It could also create significant conflict if the teacher acts inappropriately toward the student. If you or your child has had trouble with a teacher, you may feel helpless. You want to protect your child, so you probably want to know if you can file a restraining order against a teacher. Obtaining a restraining order in New York can be complicated. Below, the team from Gilmer Law Firm, PLLC, explains the requirements of different types of New York restraining orders.
What Is a Restraining Order?
A restraining order is a judicial order meant to protect one person from contact with another. In New York, a restraining order is called an order of protection. You may obtain an order of protection if someone is abusing, harassing, threatening, or intimidating you.;
Types of Restraining Orders in New York
If you are researching how to get a restraining order against a teacher, you need to understand the types of restraining orders available in New York to decide what’s appropriate for you. It’s always best to consult with an attorney if you’re concerned about whether you can get a restraining order against a teacher. In New York, there are three venues where you can request an order of protection:
- Family court,
- Criminal court, or
- Supreme court.
Each of these venues has specific legal requirements and a different filing process. You should speak with a New York attorney familiar with orders of protection if you’re unsure about the appropriate court and procedure for your situation.
Family Court Order of Protection
A family court order of protection applies to those who experience violence within familial or intimate relationships. Specifically, you must have experienced a family offense due to the other person’s actions. Family offenses include:
- Harassment,
- Stalking,
- Assault or attempted assault,
- Sexual misconduct or abuse, and
- Forcible touching.
An attorney can help you understand if you’ve experienced a defined family offense.;
The Relationship Between the Parties;
You can file for a family court order of protection if you and the offending party:
- Are related by blood or marriage;
- Are married, or were previously married;
- Share a child; or
- Are, or were, in an intimate relationship.
Unless the student has one of these relationships with the teacher, they can’t apply for a family court order of protection. The term “intimate relationship” is not as clearly defined as the other types of relationships. Courts generally look at factors like the nature and extent of the relationship, including the sexual nature of the relationship, to determine if it was an intimate relationship. Generally, teacher-student relationships will not fall within this category. Typically, courts don’t consider a causal or professional relationship to be an intimate one.;
Family Court Process
You must go to the family court clerk’s office to file a family court order of protection. They’ll provide you with a form
to fill out. You’ll need to list every incident of violence or other offending behavior on the form with as much detail as possible. You’ll then return it to the clerk and go before a judge. The judge will decide whether to issue the order of protection. A family court judge will only issue an order of protection if your situation falls squarely within the family court order of protection requirements.
Criminal Court Order of Protection;
As you can see, a family court order of protection usually does not apply to the typical teacher-student relationship. If the student doesn’t have an intimate or familial relationship with the teacher, they might be eligible for a criminal restraining order against a teacher. A criminal court judge issues a criminal court order of protection. This means the person to whom the restraining order applies must have an open criminal court case against them. This happens when you report a crime or the police arrest someone for a crime. Because this involves the criminal court process, the district attorney must request an order of protection on your behalf. If you hire your own attorney, they can help you communicate with the district attorney’s office.
Supreme Court Order of Protection
You could get an order of protection from one of New York’s supreme courts in certain situations. If the defendant in a criminal case is accused of a felony, a supreme court judge may issue a restraining order upon the district attorney’s request. Another situation in which you may get a restraining order in this court is if you have a pending civil supreme court case against the offending party. In that case, you’d apply to that judge for an order of protection. However, if this is your situation, you should speak with the attorney handling your case or an experienced attorney before proceeding.
How Long Does it Take to Get a Restraining Order?
Once you’ve proven that you fulfill all of the legal requirements for an order of protection, it doesn’t take much time to get it. Generally, a court will issue a restraining order within a few days of the application, if not sooner. Courts understand the emergency nature of restraining orders.
How Long Does a Restraining Order Last?
A temporary restraining order lasts from one court date to the next. Then, the court may issue a final order of protection. Otherwise, the case will conclude, thus ending the order of protection. A final order of protection can last from one to several years, depending on the gravity of the offense.
How Much Does a Restraining Order Cost?
In New York, criminal and family court restraining orders are free. However, you may have to pay a filing fee if you have a pending civil supreme court case against the person. Discuss this with your attorney.
Contact Our Office for Orders of Protection
If you have questions about getting a restraining order against a violent, aggressive, or otherwise problematic teacher, the Gilmer Law Firm, PLLC, is here to help you. We have extensive experience filing and litigating restraining orders in New York City. Our trusted family lawyer can advise you on your rights and advocate for you during this stressful time. Contact us today for a free consultation.