Legal Question in Criminal Law in New York

The order of protection (OP) is part of either a criminal case or a family court case. In either, the OP starts out as a temporary order of protection (TOP) and must be attached to criminal charges or allegation made in family court petition. The op only stands as long as the criminal charges or family court petition are pending or the court has issued a permanent order of protection upon a criminal conviction or the founding of the family court allegations. A permanent order of protection may last up to 5 years, depending on the facts of your specific case. To vacate the order you basically have two avenues. First, if the charges or allegation are dismissed either by the court or after a trial then the order of protection is vacated by operation of law. Second, you can petition the court for an order of protection hearing, if the court finds that no valid reason exist for the protected party to reasonably believe that their health, welfare or safety is in danger the court may either vacate or modify the OP.