Domestic Violence Cases

Domestic Violence & Orders of Protection in New York Family Court

Overview

Domestic violence cases are among the most serious and emotional matters heard in New York Family Court.
They often involve intense personal relationships, conflicting stories, and real fears for safety.

In Suffolk County, these cases are handled under Article 8 of the Family Court Act (FCA) — which allows victims of domestic violence to seek Orders of Protection against family or household members.

|⚖️ Steven Zalewski, Esq. has decades of experience representing clients on both sides of these sensitive matters — those seeking protection and those defending against allegations.|
He believes in fairness, safety, and dignity for everyone involved.

What Counts as a “Family Offense” in New York

Under FCA §812, Family Court handles certain offenses — known as family offenses — when they occur between people with a domestic relationship, including:

• Current or former spouses
• Individuals with a child in common
• People related by blood or marriage
• Individuals who are or were in an intimate relationship (dating partners, even without living together)

Common family offenses include:

• Harassment (1st or 2nd degree)
• Assault or Menacing
• Stalking or Aggravated Harassment
• Criminal Mischief or Trespass
• Strangulation or Reckless Endangerment
• Disorderly Conduct or Threats of Harm

These cases are civil, not criminal, when brought in Family Court — but the same conduct may also be prosecuted in Criminal Court.
Victims can choose to proceed in one or both courts simultaneously.

What Is an Order of Protection?

An Order of Protection (often called a “restraining order”) is a court order designed to stop violence, threats, or harassment and keep people safe.

Two Main Types of Orders

• Stay-Away Order: The respondent must stay away from the petitioner’s home, workplace, or school.
• Refrain-From Order: The respondent may have contact but must refrain from acts like harassment, intimidation, or threats.

Each order can include terms such as:

• No phone calls, texts, or social media contact
• Temporary custody or visitation arrangements
• Temporary child support or housing protections
• Mandatory surrender of firearms

Violating an Order of Protection is a serious offense and can result in arrest and criminal charges.

How Family Court Domestic Violence Cases Begin

Step 1: Filing a Family Offense Petition

A victim (the petitioner) can file a Family Offense Petition in Family Court alleging specific abusive or threatening acts.
The court will review the petition the same day and may issue a temporary Order of Protection if there’s immediate danger.

Step 2: Temporary Order of Protection

At the initial appearance, the judge can issue a Temporary Order of Protection (TOP) pending the outcome of the case.
This temporary order remains in effect until the next court date.

Step 3: Service of the Petition

The accused (the respondent) must be formally served with the petition and order. They then have the right to appear in court and present their side.

Step 4: Hearing or Agreement

Cases may be resolved by:

• Agreement (consent order without admission of guilt), or
• A fact-finding hearing, where both sides present evidence and testimony.

If the judge finds that a family offense occurred, a final Order of Protection can be issued for up to 2 years, or up to 5 years in serious or repeated cases.

For Victims Seeking Protection

If you are in danger:

• You can file for an Order of Protection immediately at the Suffolk County Family Court in Central Islip (or in Riverhead, depending on location).
• No attorney is required to file, but having one helps ensure your petition is clear, persuasive, and protected against cross-claims.
• You can also call 911 or contact the NYS Domestic & Sexual Violence Hotline: 1-800-942-6906 (24/7, confidential, multilingual).

Steven represents clients with compassion and precision — helping them:

• File strong, fact-based petitions
• Secure temporary and final orders of protection
• Navigate simultaneous Family Court and Criminal Court cases
• Arrange for custody, visitation, or support provisions when relevant

“In Family Court,” Steven explains, “the process should be about safety and truth — not revenge or intimidation.”

For Respondents (Those Accused of Domestic Violence)

If you’ve been served with a Family Offense Petition or Order of Protection:

• Take it seriously — even a temporary order can restrict where you live or see your children.
• Do not contact the petitioner, even if they reach out first.
• Gather evidence, messages, or witnesses that support your side.
• Consult an attorney immediately to understand your rights.

Steven defends clients accused of domestic violence by:

• Ensuring due process and fair hearings
• Challenging false or exaggerated claims
• Protecting parental rights and reputation
• Negotiating safe, lawful solutions that avoid escalation

Intersection with Custody, Visitation & CPS

Domestic violence findings can impact:

• Custody and visitation determinations (best-interest analysis)
• Child Protective Services (CPS) investigations, and
• Related Article 10 abuse/neglect proceedings

Steven’s deep experience across all these areas ensures coordinated legal strategy — protecting your parental rights while addressing the safety concerns raised.

Steven Zalewski’s Approach

Domestic violence cases require experience, discretion, and empathy.
Steven brings over 30 years of Family Court experience to every case — representing both victims seeking safety and respondents defending their rights.

He is known for:

• Thorough preparation before every hearing
• Calm, respectful advocacy in emotionally charged settings
• Balanced judgment between legal strategy and human compassion

“These cases involve more than paperwork — they involve people’s lives,” Steven says.
“My role is to make sure your side of the story is heard, clearly and safely.”

Contact Steven Zalewski, Esq.

Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

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For Victims Seeking Protection

If you are in danger, help is available — right now:

• Call 911 if you are in immediate danger.
• You can go directly to Suffolk County Family Court to file a petition — no appointment or attorney is required.
• You can also get help online or by phone (see Resources below).

Steven helps victims:

• File and present Family Offense Petitions
• Secure temporary and final Orders of Protection
• Coordinate custody, visitation, and support requests
• Navigate dual Family Court and Criminal Court proceedings

“My role,” Steven says, “is to make sure your voice is heard and your safety comes first.”

Resources for Victims and Families in New York

If you or someone you know is experiencing domestic violence, these trusted resources offer confidential help:

🔹 New York State Resources

• NYS Domestic and Sexual Violence Hotline (24/7, multilingual):
  📞 1-800-942-6906 | Text: 844-997-2121 | Chat: opdv.ny.gov
• New York State Office for the Prevention of Domestic Violence (OPDV):
  https://opdv.ny.gov — safety planning, shelter, and legal aid links
• Safe Horizon (NYC-based, statewide support):
  📞 1-800-621-HOPE (4673) | safehorizon.org

🔹 Suffolk County & Long Island

• Brighter Tomorrows, Inc. (Suffolk County):
  📞 (631) 395-1800 — 24/7 domestic violence hotline and emergency shelter
• The Retreat (East End):
  📞 (631) 329-2200 — counseling, advocacy, and safe housing
• Long Island Against Domestic Violence (LIADV):
  📞 (631) 666-8833 — crisis hotline, counseling, and legal support
• Victims Information Bureau of Suffolk (VIBS):
  📞 (631) 360-3606 | vibs.org

🔹 Legal Aid and Family Court Assistance

• Legal Aid Society of Suffolk County (Family Law Unit):
  📞 (631) 853-5212 — free legal services for qualified individuals
• Suffolk County Family Court (Central Islip):
  📍 400 Carleton Avenue, Central Islip, NY 11722
  ☎️ (631) 740-3800

All calls and chats with the above agencies are free and confidential.
You can ask about safety planning, emergency housing, child protection, or help filing petitions.

• Custody Cases
• Visitation Cases
• Abuse and Neglect Cases

Disclaimer

This page is for general informational purposes and does not constitute legal advice.
Domestic violence laws and procedures can change — always consult a qualified attorney for personalized guidance.

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