How do I Get a Family Court Order of Protection in New York?

Situations of domestic violence are very serious and the state of New York treats them as such. It is because of this that relief can be obtained through an order of protection. Continue reading below to learn more about how this is done and contact an experienced New York family law attorney for guidance.

What is a Family Court Order of Protection?

There are three different types of orders of protection a person can obtain in New York: family court, criminal court, or Supreme Court orders of protection. A family court order of protection is issued as part of a civil proceeding and exists to stop violence within a family or intimate relationship. In order to receive one, your relationship to the person you are seeking protection from must fall under one of the following categories:

  • Current or former spouse
  • Someone you have a child with
  • A family member you are related to by blood or marriage
  • Someone you are or have been in an intimate relationship with. It is important to note this does not have to be a sexual relationship.

How do I Receive an Order of Protection?

To receive an order of protection in family court, you must file a Family Offense petition. When filing the petition, write down as many details of violent incidents as you can remember. This includes any verbal, physical, emotional, or sexual abuse or threats. Be sure to include descriptions of where the event happened, what happened, if weapons were used, and if you were injured. If verbal abuse took place, include the exact words that were used. 

What is the Difference Between a Temporary and Final Order of Protection?

When you file for an order of protection, you are issued a temporary order. While this only lasts until the next time you appear in court, it can be extended at each court date until the case is completed. During the hearing, the judge will determine if a final order of protection should be granted. If granted, the order can last for two or five years. This order can include the following:

  • Restitution
  • Medical expenses due to the abuse
  • Participation in a program, such as a batterer’s education program or referrals fro drug/alcohol counseling

Contact our Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.