- Assault
- Stalking
- Menacing
- Criminal Mischief
- Forcible Touching
- Sexual Misconduct
- Reckless Endangerment
- Sexual Abuse in the Third Degree
Who Can Request an Order of Protection in Family Court?
To obtain an order of protection, your relationship to the other person must be one of the following:
- A current or former spouse.
- A person with whom you have a child.
- A family member to whom you are related by blood or marriage.
- A person with whom you have or had an intimate relationship.
An “intimate relationship” does not have to be sexual in nature, but may be considered intimate based on factors like the frequency of contact and the length of the relationship.
How Do I File for a Family Court Order of Protection?
To file for a family court order of protection, you must file a Family Offense Petition (Form GF-5) alleging a family offense. The petition should be filed in the county where you (“petitioner”) or the other person (“respondent”) resides, or where the incident occurred.
Our firm can help you determine eligibility and prepare the petition by detailing the abuse, harassment, or threatening behavior. We can also assist with documenting specific incidents and dates and gathering evidence like text messages, emails, photos, and witness statements.
Is There a Filing Fee for Family Court Orders of Protection?
No. There is generally no filing fee required for orders of protection in family court. Our lawyers are familiar with local court clerks and procedures to guide you through every stage of the process, from completing the required forms to representing you in court hearings.
How Does a Protective Order Work?
A protective order may include various terms for your protection, such as:
- Stay away. The court may order the respondent to maintain a certain distance away from you, your home, your job, and your children.
- Refraining from certain acts. The respondent may be ordered to stop abusing or threatening to abuse you. This can include specific acts, such as calling you at work.
- Collecting your belongings. If you aren’t comfortable returning home to collect your items, you can ask the court to allow police to accompany you.
- Exclude the respondent from your home. A protective order can keep the respondent out of your home while the order is in effect, even if the property is not in your name.
- Temporary child support. If the respondent is a co-parent, the court may order temporary child support based on the child’s needs.
- Revoking or suspending firearms. The court may revoke or suspend the respondent’s right to own or carry firearms.
How Long Does a Protective Order Last?
Most family court orders of protection last for two years. However, you can apply for a five-year order of protection if there are “aggravating circumstances” or violations. Some examples of aggravating circumstances include physical injury, use of a deadly weapon, or a history of repeated violations of prior orders.
What Should I Do if a Person Violates a Protective Order?
While family court orders of protection are part of civil proceedings, violating a temporary or final order of protection is illegal and can result in criminal charges, including contempt of court. If your order of protection was violated, we can help you take swift and decisive action to prioritize your safety and hold the respondent accountable.
How Quickly Can an Order of Protection Be Granted?
The court can issue a temporary order of protection on the same day the petition is filed if the judge determines that immediate protection is necessary. This provides short-term relief, such as keeping the respondent away from your home, workplace, or children.
A final order of protection is decided after a court hearing where both parties will present evidence and testimony. At this time, the judge will determine whether to issue a final order of protection and set its duration. Once issued, the order is legally binding.
Do I Need a Lawyer for a Family Court Order of Protection?
If you’re applying for a protective order, working with an experienced family law attorney is crucial to protect your family’s safety. Victims of domestic violence are at the highest risk of danger when they leave their abusers, and mistakes or missing information can delay or limit the court’s ability to provide immediate relief during this vulnerable time.
Our attorneys focus on helping clients secure safety quickly and effectively by:
- Preparing petitions that clearly document threats, harassment, or abuse.
- Collecting evidence that demonstrates risk and urgency.
- Representing clients at temporary and final order hearings to maximize protection.
- Addressing related family law concerns, such as filing for divorce or navigating child custody disputes.
- Explaining practical steps to maintain safety while the order is in effect.
Speaking out against familial abuse can be nerve-racking, but you don’t have to fight alone. Call (914) 768-2902 to schedule a consultation with our compassionate advocates.
