Orders of Protection New York

An Order Of Protection is obtained by filing a Family Offense Petition with the Family Court establishing that an act of domestic violence or harassment has been perpetrated against an alleged victim. The initial protection order is issued on a temporary basis and then the parties return to Court to determine whether the protection order should be made permanent for a period of time (generally one year in most cases).

Order of Protection Provisions

  • Stay Away Order- Ordering one party to stay away from the other party's home, job, school, and and car, and prohibiting them from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim.
  • No Offensive Contact Order - Permitting one party to peacefully communicate with the other for limited reasons, including care and transfer for visitation of their child.
  • Firearms Provision - Requiring the party charged to surrender any guns he or she possesses and/prohibiting them from purchasing or possessing a firearm.

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Dual Jurisdiction

Family Court orders of protection are very powerful tools especially if filed in the context of a divorce or custody case. Therefore it is important to defend them vigorously. If the petitioner also makes a criminal complaint, you my find yourself defending cases in both Family Court and the Criminal Court. The cases then could be transferred to the Integrated Domestic Violence Court (IDV).

Violation of an Order of Protection

Violations of an Order of Protection can be treated as a felony, misdemeanor, or contempt of court. Felony charges are typically reserved for repeat or serious violations. Sometimes violations also result in new charges.

Orders of Protection NY

Need Help with an Order of Protection?

Call Stephen K. Underwood, Esq.
(716)656-7676
or get started with a complimentary case evaluation.

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