Restraining Orders

The question you ask is a very good one, since different people may interpret “home” differently; also, when two parties live within a close vicinity of each other, the “Stay-away” part of the order might unintentionally be violated if both people are in the apartment building at the same time. Often, in situations where the petitioner and respondent live near each other or work in the same building, the judge will include specific terms in the order to make it very clear what is and is not allowed. For example, the just may order that the respondent stay 500 feet away from the petitioner except for accidental or incidental contact within the building. When it comes to parties that live near each other or in the same apartment building, the judge may further clarify if the respondent cannot return to his/her home because it’s in the same building or if the respondent simply cannot go near the apartment door. Often times when an order is not clear, the respondent may be able to file legal papers in court to ask that the terms be clarified - or the respondent’s lawyer may be able to ask the judge on an upcoming court date to clarify the order, explaining that the order as it is written may prohibit the respondent from returning to his/her own home. It is very important that someone who is subject to an order of protection has an exact understanding of what is prohibited so that s/he does not inadvertently violate the order and get arrested. Do you have a lawyer who can help you with this. We have links to legal services organizations and lawyer referrals in STATE on our website here: NY

You may want to try to get legal help to figure out the best way to try to get into court to clarify the terms of the order.