Order of Protection from Family Court

A family offense is conduct that would be one of certain specific crimes or violations under New York law, committed against a family or household member. Family offenses include:

• harassment and aggravated harassment;
• menacing and stalking;
• assault and attempted assault;
• strangulation and criminal obstruction of breathing;
• disorderly conduct and reckless endangerment;
• criminal mischief (damaging property);
• sexual misconduct, forcible touching, and certain sexual abuse offenses;
• identity theft, certain grand larceny offenses, and coercion; and
• unlawfully sharing intimate images.

• Filing the petition. The petitioner files a family offense petition describing the incidents. There is no filing fee.
• Temporary order of protection. The judge can issue a temporary order the same day, before the respondent is notified. It usually stays in effect while the case is pending.
• Service. The respondent must be served with the petition and any temporary order.
• Court appearances. Both parties have the right to an attorney, and those who cannot afford one may qualify for assigned counsel.
• Resolution. The case may end by:
• consent, where the respondent agrees to an order of protection, often without admitting the allegations;
• a fact-finding hearing, where the judge decides whether a family offense was proven by a fair preponderance of the evidence (opens in a new tab); or
• withdrawal or dismissal of the petition.

Respondents have important rights and options:

• Don't contact the petitioner, even if they reach out to you. A violation can lead to arrest, even if the protected person invited the contact.
• Follow the temporary order exactly while the case is pending.
• Get legal advice before consenting to an order. A consent order avoids a hearing but has real consequences, including for custody, firearms, and immigration.
• Prepare your defense. Text messages, emails, call logs, and witnesses can be critical at a fact-finding hearing.
• Coordinate with any criminal case. What you say in Family Court can be used in a related criminal case.

• Survivors: non-citizen survivors of abuse may be eligible for protection through a VAWA self-petition (for those abused by a U.S. citizen or permanent resident spouse or parent) (USCIS: VAWA (opens in a new tab)), or a U visa (opens in a new tab) for crime victims who help law enforcement.
• Respondents: a court finding that a non-citizen violated certain provisions of an order of protection can make them deportable.

Our firm practices both family and immigration law, so we can advise on both at once.