Orders of Protection in New York Family Court
Overview
An Order of Protection is a civil court order meant to stop violence, threats, or harassment within specific family or intimate relationships.
In New York, Family Court handles these cases under Article 8 of the Family Court Act (FCA) — often called “Family Offense” proceedings.
|⚖️ This is general information, not legal advice. For guidance about your situation, consult an attorney.|
What a Family Court Order of Protection Can Do (FCA §842)
An Order of Protection may include conditions such as:
- Stay away from your home, workplace, or school
- Refrain from harassment, intimidation, threats, or abuse
- No contact by phone, text, email, or social media
- Temporary custody/visitation arrangements and temporary child support
- Firearm surrender and restrictions
- Protection for companion animals
- Program requirements, such as batterer intervention or counseling
- Medical expenses reimbursement for injuries caused
You must have a qualifying domestic relationship with the respondent, such as:
- Current or former spouses
- People related by blood or marriage
- People with a child in common
- People in an intimate relationship (more than a casual acquaintance; sexual relationship not required).
The court looks at the nature, frequency, and duration of the relationship to decide if it’s “intimate.”
How to Get an Order of Protection (Family Court Process)
How to Get an Order of Protection – Step by Step
1. File Petition
Describe incidents, your relationship, and what you need protection from.
2. Temporary Order
Judge may issue a same-day temporary order (FCA §828).
3. Service
Respondent must be personally served by law enforcement or process server.
4. Hearing / Consent
Evidence presented or agreement reached; temporary order continues.
- File a Family Offense Petition
Describe what happened, your relationship, and the protection you’re requesting. - Temporary Order of Protection (FCA §828)
A judge can issue a temporary order the same day for good cause, even if the respondent isn’t present. - Service of Papers
The temporary order and petition must be personally served on the respondent (by law enforcement, a process server, or a qualified adult). - Court Appearances & Proof
If the case is contested, the court holds a fact-finding hearing where both sides present evidence and witnesses. - Final Order
If a family offense is proven (or the parties consent), the court may issue a Final Order of Protection — typically up to 2 years, or up to 5 years with aggravating circumstances (e.g., physical injury, use of a weapon, prior violations, or exposing a family member to injury).
Enforcement & Violations
Violating a Family Court Order of Protection is a crime. Consequences may include:
- Arrest and criminal charges
- Contempt of court in Family Court (possible fines or jail)
- Additional protective terms or changes to custody/visitation
If your order is violated:
- Call 911 immediately.
- You may also file a violation petition in Family Court.
Modifying or Ending an Order
Only a judge can change or end an Order of Protection.
- File a petition or motion with the issuing court to request changes (e.g., contact terms, custody carve-outs, or early termination).
- The court may hold a hearing and will decide based on safety and current circumstances.
Important Resources (New York & Suffolk County)
Calls are confidential. Ask about safety planning, shelter, counseling, and help filing petitions.
Steven represents both petitioners seeking protection and respondents defending against allegations, with calm, careful advocacy focused on safety, fairness, and accuracy. He can:
- Draft precise Family Offense Petitions
- Obtain and defend Temporary / Final Orders of Protection
- Coordinate custody/visitation and support issues within the same case
- Navigate Family Court and Criminal Court overlap
Contact
Cell: (516) 660-4654 • Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com
Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749
Disclaimer
This page provides general information and is not legal advice. Laws and procedures can change; always consult a qualified attorney about your specific situation.
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