Family Court Orders of Protection in New York

In New York State, a Family Court order of protection is issued to help protect individuals from abuse, threats, harassment, or stalking by family members or intimate partners. These orders are part of civil proceedings under the Family Court Act. Although civil in nature, violating a Family Court order of protection can result in criminal charges, including criminal contempt.

An order of protection is a court-issued directive that limits the contact one person may have with another. It may include stay-away provisions, no-contact rules, or orders to vacate a shared residence. These orders are designed to reduce the risk of continued harm and to help keep individuals safe during ongoing legal proceedings. Other names for orders of protection include restraining orders, protective orders, and stay-away orders.

According to the New York State Office for the Prevention of Domestic Violence, more than 90,000 orders of protection were issued statewide in 2022. This figure shows how often these orders are used as part of addressing domestic violence and related issues. Family Court plays a central role in issuing and enforcing these orders while also providing a process for respondents to defend against the allegations.

If you are dealing with an order of protection in Family Court or are accused of violating one, contact an experienced New York order of protection lawyer for legal advice.

Family Court orders of protection are governed by Article 8 of the New York Family Court Act. An order of protection is a directive issued by a judge to prevent ongoing or future harm between individuals in certain relationships.

A family offense petition is a sworn document filed by a person (the petitioner) who claims to have been the victim of certain offenses committed by someone with whom they have a qualifying relationship. The person accused of committing the offense is called the respondent. The respondent has the right to be notified of the petition and to respond in court. The petition starts the legal process through which the court determines whether to issue an order of protection.

The law defines family offenses in Family Court Act § 812(1). The following is a list of some of the included offenses, but is not an exhaustive list:

• Stalking – Penal Law §§ 120.45, 120.50, 120.55, 120.60
• Assault – Penal Law § 120.00
• Reckless Endangerment – Penal Law §§ 120.20, 120.25
• Criminal Mischief – Penal Law §§ 145.00, 145.05, 145.10, 145.12
• Menacing – Penal Law §§ 120.14, 120.15
• Disorderly Conduct – Penal Law § 240.20
• Harassment – Penal Law §§ 240.25, 240.26, 240.30
• Forcible Touching – Penal Law § 130.52
• Sexual Misconduct – Penal Law § 130.20
• Sexual Abuse in the Third Degree – Penal Law § 130.55

To qualify, the relationship between the parties must involve family members, current or former spouses, parents of a child in common, or those in an intimate relationship.

Note that a Family Court order of protection is more than simply an order requiring someone to stay away from another person. It can also carry additional serious consequences. It may affect a respondent's ability to gain or maintain custody and visitation rights, potentially leading to temporary suspension of parental rights or supervised visitation. Family Court orders of protection can appear on certain background checks, potentially affecting employment opportunities, especially in fields involving vulnerable populations or security clearances. Depending on the profession and the nature of the underlying allegations, a Family Court order of protection could create difficulties with obtaining or maintaining certain professional licenses. Because of these wide-ranging implications, it is important to speak with an experienced New York order of protection lawyer to understand how an order may impact your rights and responsibilities.

To get a Family Court order of protection in New York, the petitioner must file a sworn petition alleging a family offense. This petition is submitted using Form GF-5, the official Family Offense Petition form used statewide. It can be obtained from the New York State Unified Court System website or directly from any Family Court.

The petition should be filed in the Family Court located in the county where the petitioner resides, where the respondent resides, or where the alleged incident occurred.

The terms of the order may include:

• Staying away from the petitioner’s home, workplace, or school
• No contact by phone, text, email, or social media
• Vacating the shared residence
• Temporary custody and visitation arrangements
• Mandatory counseling or treatment

The court can issue a temporary order of protection the same day the petition is filed. It is recommended that both petitioners and respondents consult an experienced New York order of protection lawyer before attending a hearing or responding to the petition. The respondent is then served and must appear in court. A final order may be issued after a hearing or by agreement.

Temporary orders of protection in New York typically remain in effect until the next court date. They may be extended repeatedly until the case is resolved. It is common for temporary orders to be issued at the start of a case without the respondent being present, and the legal standard for issuing them is very low. However, these temporary orders can have an immediate impact, such as requiring a respondent to vacate a shared home or restricting contact with children.

A “final” order of protection, issued at the conclusion of the case, does not mean the order lasts indefinitely. Instead, it reflects that the court has made a determination on the allegations. It is critical for both parties to be present at the hearing that determines whether a final order will be issued. If the petitioner is absent, the court will likely dismiss the petition. If the respondent is absent, the court will likely extend the order without hearing the respondent’s side.

Final orders are generally issued for up to two years. In Matter of C.K. v. J.D., 2024 NY Slip Op 50029(U), the Family Court approved a two-year final order of protection after the respondent consented to the terms. However, under Family Court Act § 842, the court may issue a final order lasting up to five years when aggravating circumstances exist. These aggravating circumstances are factors such as the infliction of serious physical injury on the petitioner, a history of repeated violations of prior orders, or the use or threatened use of a deadly weapon. The court considers these factors to determine if a longer period of protection is necessary to ensure the petitioner's safety.

In the same case, Matter of C.K. v. J.D., the petitioner later requested an extension beyond the original expiration date. The court denied the request, reasoning that the petitioner failed to provide sufficient evidence of continued risk or any new incidents. The court emphasized that an extension must be supported by good cause, which was not established in that instance.

Even when there is no new incident, Family Court Act § 842 requires that the court provide its reasoning on the record if an extension is granted or denied. The absence of ongoing abuse does not automatically prevent an extension, but the petitioner must still meet the legal standard.

Because courts evaluate these situations on a case-by-case basis, it is important to consult with an experienced New York order of protection lawyer who can explain what the court is likely to consider and help prepare the evidence needed to support or oppose an extension request.

Either party can request to modify or cancel a Family Court order of protection by filing a motion or petition in the court that issued the order. The judge may schedule a hearing to consider the request. Until the court modifies the order, all original terms remain in effect and must be followed.

An example of this process appears in B.N. v. J.N., 2024 NY Slip Op 51029(U) (Fam Ct, Kings County 2024). In that case, the respondent—the person against whom the temporary order of protection had been issued—filed a motion asking the court not to extend the order beyond its expiration. The petitioner, who had obtained the original order based on allegations of harassment, sought an extension. The court reviewed the evidence presented by both sides and determined that the petitioner failed to establish ongoing risk or the need for continued protection.

The court declined to extend the temporary order, demonstrating that respondents can actively petition the court to terminate or prevent the renewal of protection orders. This case shows that Family Court will weigh current facts and circumstances and will not extend an order automatically without sufficient justification.

As outlined in Family Court Act § 842 and related provisions, any modification—whether to shorten, extend, or cancel an order—requires court approval. It is important to follow the legal process and, where necessary, be prepared to present testimony or evidence.

If you are seeking to modify or cancel an existing order of protection, consulting an experienced New York order of protection lawyer can help ensure your request is properly presented and supported.

Although a Family Court order of protection is a civil order, violating it can lead to criminal prosecution. When a protected party reports a violation to law enforcement, the police will investigate the allegations. If there is probable cause to believe a violation occurred, law enforcement may arrest the respondent. The matter can then proceed in Criminal Court.

Violating a Family Court protection order may result in charges of criminal contempt under the New York Penal Law. The level of the offense depends on the circumstances:

• Penal Law § 215.50 – Criminal contempt in the second degree (Class A misdemeanor)
• Penal Law § 215.51 – Criminal contempt in the first degree (Class E felony)
• Penal Law § 215.52 – Aggravated criminal contempt (Class D felony)

Criminal contempt charges can arise from conduct such as making threats, causing physical harm, or repeatedly violating the terms of the order. A conviction may lead to penalties including jail, probation, fines, and a permanent criminal record. Individuals facing allegations of violating an order of protection should speak with an experienced New York order of protection lawyer to understand their legal options and defenses.

Yes. The same conduct can result in both a Family Court petition and criminal charges. The Family Court matter proceeds as a civil case, while the criminal charges are prosecuted by the district attorney in Criminal Court. Each court has independent authority, and the outcome in one does not control the result in the other.

This issue was addressed in People v. Wood, 95 N.Y.2d 509 (2000). In that case, the defendant was charged with criminal contempt in the first degree for violating a Family Court order of protection. The defendant argued that because the order originated in a civil proceeding, it should not form the basis for a criminal prosecution. The Court of Appeals disagreed, holding that a Family Court order of protection carries the same force as one issued by a criminal court. Violating it can lead to criminal charges regardless of its origin. The court emphasized the importance of enforcing protection orders to safeguard the safety of individuals and uphold the integrity of judicial orders.

In People v. Konieczny, 2 N.Y.3d 569 (2004), the Court of Appeals discussed the evidentiary requirements for proving criminal contempt based on violations of an order of protection. The case underscored the need for prosecutors to establish the existence of a valid order and that the accused knowingly violated its terms.

Those who have orders of protection filed against them have the right to defend themselves in court and may seek to have the order modified or dismissed. Several legal defenses may apply, depending on the facts and circumstances of the case:

• No Qualifying Relationship. The Family Court only has jurisdiction to issue orders of protection between individuals who meet specific relationship criteria as defined in Family Court Act § 812. If the parties are not family members, former spouses, intimate partners, or parents of a child in common, the court does not have jurisdiction. In Coleman v. McKenzie, 2022 NY Slip Op 50514(U) (Fam Ct, NY County 2022), the Family Court dismissed the petition because the parties were not in a “family or household” relationship as required by Family Court Act § 812. The petitioner and respondent were merely acquaintances turned landlord–tenant, not relatives or intimate partners. The court found their interactions were casual/business in nature (not an “intimate relationship”), so Family Court lacked subject matter jurisdiction.
• Alleged Conduct Not Proven. The petitioner bears the burden of proving that a family offense occurred by a "preponderance of the evidence," meaning it is more likely than not that the offense took place. If the court finds the evidence lacking or unpersuasive, the case may be dismissed. In Matter of Z.B. v L.S., 2022 NY Slip Op 51024(U) (Fam Ct, NY County 2022) the respondent moved to dismiss after the petitioner’s evidence was presented, arguing the incidents “did not occur” or at least were not proved. The petitioner had alleged the ex-husband harassed her by threatening to post a video of her, but she offered no corroborating proof (she never saw any video or concrete threats). The judge granted the motion and dismissed the family offense petition for failure to establish any family offense by a preponderance of the evidence
• Mutual Altercation & Self-Defense. If both parties engaged in the behavior, or if the respondent acted in self-defense, the court may dismiss the petition. In Matter of Davis v. Davis, 2023 NY Slip Op 06016 (App. Div. 3d Dept 2023). In this case, both spouses filed cross–petitions accusing each other of offenses arising from the same fight. Family Court ended up dismissing the husband’s petition, crediting the wife’s testimony that any force she used was in self-defense. The wife (who was smaller and had been injured before) admitted she struck the husband during the scuffle but only to protect herself. The Third Department affirmed, agreeing that the wife’s conduct was “rooted in self-defense” and thus lacked the intent to harass or menace required for a family offense. Meanwhile, the wife’s petition against the husband was granted, as she proved he choked her during a prior incident, resulting in a one-year order of protection against him.

Each case depends on its facts. An experienced New York order of protection lawyer can help you identify appropriate defenses, gather evidence, and present your case effectively in court.

Q. Can I go to jail for violating a Family Court order of protection?

A. Yes. You can be arrested and prosecuted for criminal contempt if you violate the terms.

Q. Can the protected person contact me?

A. Even if they do, you can still be charged with a violation and face criminal charges. Only the court can modify or cancel the order.

Q. What if I have orders from both Family Court and Criminal Court?

A. You must follow both. If there is a conflict, follow the stricter terms. Although both courts may issue orders related to the same incident, they serve different purposes. A Family Court order of protection is part of a civil proceeding and focuses on the personal safety and family-related issues between individuals. A Criminal Court order of protection is part of a criminal prosecution and is issued by a judge in response to criminal charges. Sometimes, if a related criminal case is ongoing, the Family Court case might be adjourned in contemplation of dismissal (ACD) if the criminal order provides sufficient protection. The terms of each order may differ, particularly in how they address contact, residence, custody, or counseling. Ask an experienced New York order of protection lawyer to review your situation and help ensure you comply with both orders without violating either.

Q. How do I get an order dismissed?

A. You can file a motion with the court. The judge may require a hearing.

Q. Can I see my children if there is an order of protection?

A. It depends on the terms of the order. Some orders include specific provisions about custody and visitation. If the order prohibits contact with your children or the other parent, you must follow it unless the court grants a modification. You can request that the court include or change terms related to parenting time.

Q. Will a Family Court order of protection show up on a background check?

A. Yes, it may appear in certain types of background checks, especially those for jobs involving security, childcare, education, or government positions. Even though Family Court orders are civil, their existence can affect employment, licensing, and housing opportunities.

If you are dealing with a Family Court order of protection in New York or facing charges for an alleged violation, talk to an experienced order of protection attorney in New York as soon as possible. At Stephen Bilkis & Associates, we handle Family Court and Criminal Court protection order matters. We represent clients accused of family offenses, violations, or criminal contempt. We also assist individuals seeking to modify or dismiss orders. Early action can protect your rights. Contact us today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Staten Island, Suffolk County, Bronx, Brooklyn, Long Island, Manhattan, and Westchester County. Do not wait until a civil matter leads to criminal charges. Call us today to speak with an experienced order of protection attorney serving New York.