Bronx Order of Protection

Nearly 30 years of handling family offense petitions, orders of protection, and other family law matters have given Bronx orders of protection lawyer Stephen Bilkis a clear view of how these cases unfold, both in the Bronx and across New York. The firm he leads has handled thousands of order of protection consultations and cases combined, and its attorneys share more than 300 years of legal experience. Many of those cases begin in apartments where families live close together, from the high-rises of Co-op City to the walk-ups off the Grand Concourse.

A threat, a shove, or a string of frightening messages can leave you wondering whether your children are safe and how fast a Bronx Family Court judge can step in. If you were served with a petition, perhaps one built on false claims raised during a divorce or custody fight, you may be facing the loss of your apartment, less time with your kids, and the risk that one phone call leads to an arrest. We start by hearing your side of what happened and the history between you and the other person, and then we focus on what you need to protect your safety, your family, and your future.

Whichever side you are on, your case will be handled by a firm whose founder is recognized well beyond the courtroom. Stephen Bilkis has been named to the New York Super Lawyers list, an honor limited to the top 5% of attorneys in the state. Avvo lists him as Excellent, Justia has named him a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.

Bronx Family Court Orders of Protection Explained

Being afraid of someone you once trusted, or finding out that someone has accused you of abuse, can turn your life upside down. Stephen Bilkis & Associates helps both petitioners and respondents in Bronx Family Court understand their rights, their responsibilities, and their legal options. We focus on what each side is facing, because a petitioner’s first concern is usually getting protection for themselves or their children, while a respondent may fear losing their home, being separated from their children, or living under restrictions based on allegations they dispute.

An order of protection is a court order intended to protect someone from violence, threats, harassment, or other prohibited behavior. A judge may issue an order that places restrictions on the person accused of misconduct, known as the respondent. Fam. Ct. Act art. 8. These orders are sometimes called restraining orders, protective orders, or stay-away orders.

Depending on the circumstances, an order of protection may:

• Require the respondent to stay away. The respondent may be prohibited from going near the protected person’s home, workplace, school, or other designated locations.
• Prohibit communication. The respondent may be barred from calling, texting, emailing, contacting the protected person through social media, or sending messages through other people.
• Require someone to leave a shared home. A judge may order the respondent to move out, even if the respondent owns the property or is named on the lease.
• Impact contact with children. When children are included in an order or parenting arrangements are impacted by its restrictions, the respondent’s ability to see or communicate with them may be limited.
• Prohibit threats and harassment. Some orders allow the parties to continue communicating but prohibit threatening, intimidating, harassing, or abusive conduct.

Orders of protection are frequently issued in the Bronx. According to the New York State Office for the Prevention of Domestic Violence, the number of orders of protection issued in the Bronx more than doubled between 2020 and 2023, reaching 32,636 orders in 2023.

Although order of protection cases in Bronx Family Court are civil matters, violating an order can have criminal consequences. A respondent who intentionally disobeys its restrictions may be arrested and charged with criminal contempt, depending on the circumstances. Penal Law §§ 215.50, 215.51, 215.52. The Bronx County District Attorney’s Office may prosecute those charges, even if the protected person does not want the respondent arrested.

For both parties, understanding the specific terms of the order is important. The protected person cannot give the respondent permission to disregard court-ordered restrictions, and the respondent must continue following them until the order expires or a judge changes or ends it.

Eligibility for an Order of Protection in Bronx Family Court

Repeated threats from a former partner, harassment from a family member, or behavior that makes you afraid to go home can leave you wondering whether the law will step in, and being served with a petition can leave you wondering whether the accusations are enough to justify an order. Stephen Bilkis helps petitioners and respondents understand whether their circumstances meet the requirements for an order of protection in Bronx Family Court. We look at both the relationship and the conduct before anything is filed or answered, because a case that falls short on either one can be dismissed.

Two questions determine whether someone can pursue an order of protection in Family Court: the relationship between the parties and the conduct that allegedly occurred. Fam. Ct. Act § 812(1). Family Court does not issue orders of protection for every dispute between two people, so the parties must have a relationship recognized under New York law. Qualifying relationships include:

• Spouses and former spouses. A person may seek protection from someone they are currently or previously married to, even if the divorce occurred years ago.
• Family members. This includes people related by blood or marriage, such as parents, children, siblings, and certain other relatives.
• Parents who share a child. The parties do not need to have been married or lived together to qualify.
• Current or former romantic partners. People who are dating or previously had an intimate relationship may qualify, even if they never shared a home.

Having one of these relationships does not automatically entitle someone to an order of protection. The petitioner must also allege conduct that qualifies as a family offense under New York law.

Family offenses include certain forms of physical violence, threats, harassment, stalking, sexual misconduct, and other conduct listed in the statute. For example, someone may seek protection because a former partner repeatedly follows them, a family member threatens physical harm, or someone intentionally damages property during a domestic dispute.

However, not every unpleasant interaction amounts to a family offense. An argument about parenting, an insulting message, or the breakdown of a relationship does not necessarily establish grounds for an order of protection. The specific conduct, the surrounding circumstances, and the applicable legal requirements determine whether the allegations support a Family Court case.

Filing a Family Offense Petition in the Bronx

When you fear for yourself or your children, the path to protection should be fast, and paperwork should not slow it down. Stephen Bilkis and his team prepare and file petitions for Bronx petitioners and step in for respondents from the very first appearance. We make sure the judge gets a clear, accurate picture from the start, because the first papers a judge reads often set the course of the case.

If you are in danger right now, call 911 before anything else. You do not need a police report or an arrest to file later, since a petition can be filed even if the police were never called. Once you are safe, our lawyers can take each of these steps:

• Telling us what happened. We take down the dates, threats, and injuries you remember and turn them into the sworn family offense petition, Form 8-2.
• Filing at 900 Sheridan Avenue. We file at Bronx County Family Court and stay with you through the same-day appearance before a judge.
• Requesting a temporary order. We ask the judge for immediate protection, which can be granted without the respondent in the courtroom.
• Getting help after hours. If Family Court has closed, we can help you apply at Bronx Criminal Court, which accepts applications for Family Court orders on weekday evenings and weekends.
• Having the respondent served. We arrange for the respondent to receive the petition and order, so there is formal notice of the case and the restrictions the court has imposed.
• Preparing for the return date. Once you have temporary protection, we gather texts, photos, medical records, and witness statements.
• Reaching a final order. We negotiate an agreement that keeps you safe or present your case at a fact-finding hearing.

A judge can issue a temporary order when there is good cause, such as a recent threat or act of violence. Fam. Ct. Act § 828. The order does not mean the court has decided the allegations are true, but the respondent must follow it once they have legally sufficient notice of its terms. You can file in the Bronx if you live here, even if the incident happened in another borough.

Many people filing in the Bronx also wonder whether they need a lawyer at all. Both petitioners and respondents have the right to a lawyer in these cases, and a person who cannot afford one can ask the court to assign one. Fam. Ct. Act § 262.

NYCHA Apartments and Orders of Protection in the Bronx

For families in public housing, an order of protection raises urgent questions about who keeps the apartment and where everyone will sleep tonight. Stephen Bilkis has helped Bronx families work through these housing problems alongside the court case itself. We address the apartment from the first appearance, because housing decisions made in a rush are hard to undo.

A judge can order a respondent out of a NYCHA apartment even if the respondent’s name is on the lease, but the order does not change anyone’s tenancy rights. Federal law adds separate protections. NYCHA generally cannot evict a tenant solely because they are a victim of domestic violence, dating violence, sexual assault, or stalking, and it may split the lease to remove the household member responsible for the abuse while the protected tenant stays. These protections do not prevent eviction for other lawful reasons. 34 U.S.C. § 12491(b). NYCHA must also maintain an emergency transfer process for qualifying victims, although an immediate move depends on a safe apartment being available. 24 C.F.R. § 5.2005(e).

For example, when a mother in a Mott Haven development asks for help after her partner threatens her, our approach would be to seek a temporary order excluding him from the apartment. We would ask the court for clear terms about access to the apartment and the collection of his belongings. We would also help her understand NYCHA’s separate procedures for asking to remove him from the lease or requesting an emergency transfer.

When the respondent is our client, we focus on arranging a police-escorted visit to collect belongings and on whether the exclusion should continue. A respondent with nowhere else to go needs a plan before the first night out of the apartment.

How Long Bronx Orders of Protection Last

Living under a temporary order can make it feel as though everything is on hold, whether you are waiting to go home or hoping your protection will not end. Stephen Bilkis & Associates explains how long each stage of the order is likely to run and what could change that timeline. We keep clients focused on the court dates that matter most, since missing even one appearance can decide the case.

• Temporary orders. A temporary order lasts until the expiration date written on it, and judges often renew it while the case is pending.
• Final orders after a finding. When a judge finds that a family offense occurred, the final order generally lasts up to two years.
• Orders in serious cases. A judge can issue a final order lasting up to five years if the court finds aggravating circumstances or finds that the conduct alleged in the petition violated a valid order of protection. Fam. Ct. Act § 842.
• Orders by agreement. When the parties agree to an order, its length depends on the terms they reach and the court approves.
• Extensions. The court can extend an order for a reasonable period of time if there is good cause or if both parties agree.

A quiet stretch while the order was in place is not, by itself, a reason to deny an extension, and the judge must explain the ruling on the record. Fam. Ct. Act § 842. Petitioners who move out of the borough also ask whether the order still protects them. It does, since a Bronx order is enforceable throughout New York and in other states. 18 U.S.C. § 2265. Either party may ask the court to change or end an order, but until the order expires or a judge changes it, the respondent must keep following its terms.

Defending Yourself Against a Bronx Family Offense Petition

Being accused of abuse you did not commit is crushing, and it can feel as though the judge has made up their mind before you speak. Stephen Bilkis defends Bronx respondents from the first appearance through a full hearing. We test each allegation against the evidence and the law, because the burden of proof belongs to the petitioner, not to you.

• Messages that tell a different story. Bronx Family Court dismissed a mother’s petition after a text exchange backed up the father’s testimony and contradicted hers, and the Appellate Division agreed. Matter of Sheila M. v Jodeci S., 231 AD3d 519 (1st Dept 2024).
• Conduct that does not fit the offense. A Bronx judge rejected a disorderly conduct claim because the testimony did not show the intent to cause a public disturbance that the offense requires. Matter of Skarlith G. v Guelvis J.C., 184 AD3d 470 (1st Dept 2020).
• No qualifying relationship. A neighbor, coworker, or landlord you know only through your building cannot bring a family offense case against you.
• Self-defense. If you only did what was needed to protect yourself in a fight, the judge may find that no family offense occurred.

Because an order can impact custody, gun licenses, and what employers see on a background check, we also weigh every proposed settlement term before you agree to it. Our Bronx orders of protection lawyers gather the messages, call logs, and witnesses that support your side and prepare you to testify clearly.

Bronx Criminal Contempt Charges and Violation

An arrest for violating an order of protection can come without warning, sometimes over something as ordinary as dropping off a child’s forgotten school bag at a former apartment in Soundview. Stephen Bilkis and his team defend people accused of violating orders of protection in both Bronx Family Court and Bronx Criminal Court. We act quickly to secure phone records, messages, and witness information, because these cases often hinge on who contacted whom and when.

A reported violation can lead to two separate cases:

• In Bronx Family Court. A judge who finds a willful violation can issue a new order, require payment of the petitioner’s legal fees, and impose up to six months in jail for each violation. Fam. Ct. Act § 846-a.
• In Bronx Criminal Court. Depending on the alleged conduct, the District Attorney may charge second-degree criminal contempt, a misdemeanor, first-degree criminal contempt, a felony, or aggravated criminal contempt, a felony punishable by up to seven years in prison. Penal Law §§ 215.50, 215.51, 215.52.

In defending these cases, we look at whether the respondent had proper notice of the order, whether its terms were clear, and whether the alleged contact actually broke those terms. A conviction can bring jail, probation, fines, and a permanent record, so every one of those questions matters.

Bronx Family Court vs. Criminal Court Orders of Protection

Defending two cases at once over the same incident is exhausting, especially when something you say in one courtroom can be used against you in the other. Stephen Bilkis & Associates plans each move with both Bronx Family Court and Bronx Criminal Court in view. We coordinate testimony, evidence, and settlement choices so that a decision in one court does not undercut you in the other.

A person seeking protection may file a family offense petition in Family Court, report alleged criminal conduct to law enforcement, or do both. When Family Court is closed, a person may also request an emergency temporary order of protection through Criminal Court. Family Court and criminal proceedings operate differently:

• Who brings the case. In Family Court, the petitioner starts the case and can ask to withdraw it, subject to the court’s approval, while in Criminal Court the Bronx County District Attorney decides whether to prosecute, even if the protected person wants the charges dropped.
• How the case starts. A Family Court case begins with a petition and needs no police report or arrest, while a criminal case begins with the filing of charges and often, though not always, an arrest.
• How much proof is needed. Family Court requires proof that the offense more likely than not happened, while Criminal Court requires proof beyond a reasonable doubt.
• Which order to follow. Each court can issue its own order, and when both are in effect, the respondent must obey every restriction in each one, even when their terms differ. CPL § 530.12.
• What goes on your record. A Family Court finding that a family offense occurred is a civil determination and not a criminal conviction, but a criminal contempt conviction for violating either order would create a criminal record.

Because each court reaches its own decision, a dismissal in one does not end the case in the other, which is why we compare both orders line by line and keep both cases moving in the same direction.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

If you need protection from a family member or partner, have been served with a family offense petition in the Bronx, or have been accused of violating an order, contact the experienced orders of protection attorney serving the Bronx at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Let us know what happened, whether a temporary order is in place or a court date is coming up, and what outcome you are hoping for. We will review your situation with you and outline the next steps that may be open to you. Early action matters, because the terms you agree to at the first appearance, or a single contact while an order is in effect, can impact everything that follows.

No matter which of our attorneys you meet with, you will be working with a firm led by Stephen Bilkis. His selection to the New York Super Lawyers list places him among the top 5% of attorneys in the state, and Avvo rates him Excellent. Justia has recognized him as a Top-Rated Lawyer, as have Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates works with petitioners and respondents across the Bronx, from Riverdale and Kingsbridge to Fordham, Parkchester, and Throgs Neck.