Brooklyn Family Court Orders of Protection

Brooklyn families live close together, in walk-up apartments, brownstones split into rentals, and homes shared by several generations. When a relationship turns threatening in that setting, the person you need protection from may live down the hall, ride the same subway line, or pick up your children at the same school. Stephen Bilkis & Associates handles order of protection cases for people on both sides of these disputes, with petitions heard every weekday at Kings County Family Court in Downtown Brooklyn.

Stephen Bilkis has nearly 30 years of experience with family offense proceedings, orders of protection, and other family law matters in Brooklyn and throughout New York. Combined, the firm has handled thousands of order of protection consultations and cases, and its attorneys bring more than 300 years of legal experience to every client.

If a partner, former spouse, or relative has threatened or hurt you, you probably want to know how fast a judge can protect you and your children. You may also wonder what happens if the other person ignores the order. If you were served with a petition, the worries are different. You may be facing the loss of your apartment, less time with your children, a record that shows up on background checks, and the risk that one text could lead 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 it will take to protect your safety, your family, and your future.

Brooklyn cases vary widely. Some begin with a single argument that got out of hand, while others follow years of threats or abuse. Some respondents face false or exaggerated claims made during a divorce or custody fight, and others are dealing with a Family Court petition and a Brooklyn criminal case at once. We look at the whole picture so our strategy fits what really happened and what matters most to you.

That commitment has earned Stephen Bilkis recognition from respected organizations across the legal field. He has been selected to the New York Super Lawyers list, an honor limited to 5% of attorneys in the state, and he holds Avvo’s Excellent designation. Justia has named him a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.

What Is an Order of Protection in Brooklyn?

Asking a judge to keep someone away from you, or learning that someone has accused you of abuse, can throw your whole life off balance. The Brooklyn orders of protection lawyers at Stephen Bilkis & Associates help petitioners and respondents understand exactly what they are facing from the first consultation. We go through what the order says, what it requires, and what will happen at the next court date, because people who misread the terms often end up in more trouble.

A Family Court judge can issue an order of protection to limit how one person may contact or approach another, and the order can include stay-away terms, a ban on communication, or a requirement to leave a shared home. Fam. Ct. Act art. 8. They are also called restraining orders, protective orders, or stay-away orders. According to the New York State Office for the Prevention of Domestic Violence, 6,772 family offense petitions were filed in Kings County in 2023.

People new to Brooklyn Family Court often ask how a “refrain from” order differs from a full stay-away order. A refrain-from order lets the parties keep some contact, such as messages about the children, but forbids harassment, threats, and other family offenses. A full stay-away order bars the respondent from contacting or approaching the protected person at all, which changes daily life a great deal when parents share children or live in the same building.

Even though the Family Court case is civil, breaking the order is a crime. A respondent who disobeys it can be arrested and charged with criminal contempt, and the Kings County District Attorney’s Office can prosecute the case.

How to Get an Order of Protection in Brooklyn

When you are frightened for yourself or your children, getting protection should be quick and simple. Stephen Bilkis & Associates prepares and files family offense petitions for Brooklyn petitioners and handles respondents’ cases from the first appearance on. We make sure the petition or the response tells the judge a clear and accurate story from the start, because the first papers a judge reads often set the tone for the rest of the case.

If you are in danger right now, your safety comes before any paperwork. Call 911 or get to a safe place first, and you can reach the New York City Domestic Violence Hotline at 800.621.4673 any time of day. Once you are safe, our experienced Brooklyn orders of protection lawyers can handle each step of getting an order of protection:

• Asking for emergency protection the same day. We prepare the sworn family offense petition, known as Form 8-2, based on what you tell us, so you do not need to have your evidence gathered before we file.
• Seeing a judge right away. We file the petition at Kings County Family Court, 330 Jay Street in Downtown Brooklyn, and go before the judge with you that same day to ask for a temporary order of protection, which can be issued without the respondent in court.
• Getting help after hours. If Family Court has closed for the day, we can help you apply at Brooklyn Criminal Court at 120 Schermerhorn Street, which accepts applications for Family Court orders of protection on weekday evenings and starting at 9 a.m. on weekends.
• Keeping your location private. If you have moved to a shelter or a relative’s home, we ask the court to keep your new address off the papers the respondent receives.
• Having the respondent served. We arrange for the respondent to be served with the petition and temporary order, although an order can be enforced even before formal service if the respondent already knows its terms.
• Building your case for the next court date. Once you have temporary protection, we collect the texts, photos, medical records, police reports, and witness information that show what happened.
• Pursuing a final order. We appear with you at every court date and either negotiate an agreement or present your case at a hearing so the judge can issue a final order.

A petition can be filed where the petitioner lives, where the respondent lives, or where the incident happened, so a Brooklyn resident can file here even if the incident took place in another borough. A judge may issue a temporary order at the first appearance when there is good cause, such as a recent threat or act of violence. Fam. Ct. Act § 828. A temporary order is not a finding that the respondent did anything wrong, but the respondent must comply once served or otherwise made aware of its terms.

An order can require the respondent to stay away from the petitioner’s home, job, or school, stop all contact by phone, text, email, or social media, move out of a shared apartment, follow temporary custody and visitation terms, or attend counseling or treatment. Respondents should also speak with our Brooklyn orders of protection lawyers before the first court date, since what happens there can impact where they live and how often they see their children.

Family Offenses and Qualifying Relationships in Brooklyn

Every Brooklyn family offense case comes down to two questions: what happened, and how the two people are connected. Before anything is filed or answered, our attorneys at Stephen Bilkis & Associates measure the allegations against the offenses the law recognizes. We look hard at whether the conduct really fits one of those offenses, since an argument or a hurtful comment does not automatically qualify.

The case begins when the petitioner, the person who says they were harmed, files a sworn petition against the respondent, the person accused. The respondent must be notified and has the right to answer in court. Family Court Act § 812(1) lists the family offenses, which fall into a few broad groups:

• Threats and intimidation: menacing, harassment, aggravated harassment, stalking, and coercion
• Physical harm: assault, attempted assault, strangulation, criminal obstruction of breathing, and reckless endangerment
• Sexual offenses: sexual misconduct, forcible touching, sexual abuse, and sharing intimate images without consent
• Property and money: criminal mischief, identity theft, and grand larceny
• Public disturbances: disorderly conduct

Family Court can only hear the case if the parties have a qualifying relationship. That includes people related by blood or marriage, spouses and ex-spouses, parents who share a child, and people who are or were in an intimate relationship, even if they never lived together.

How Long Does an Order of Protection Last in Brooklyn?

Living under a temporary order can leave you in limbo, whether you are waiting to go home or worried that your protection will run out. At Stephen Bilkis & Associates, we explain how long each stage of the order is likely to last and what could change it. We also keep clients focused on the court dates that matter most, since missing one appearance can decide the case.

How long an order lasts depends on the type of order and what happens in court:

• Temporary orders. A temporary order usually lasts until the next court date and can be renewed again and again while the case is open, even though judges can grant it on a low standard of proof.
• Final orders. After a judicial finding, a final order generally lasts up to two years, or up to five years when the law’s requirements are met. Orders issued on consent may be subject to different duration rules.
• Five-year orders. 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.
• Extensions. The court can extend an order for a reasonable period of time if there is good cause or if both parties agree.
• Changes or cancellation. Either party can ask the court that issued the order to change or end it, but every original term stays in force until the judge signs a new order.

A judge can issue a temporary order immediately, even without the respondent present. Once the respondent has notice of the order, its restrictions may require the respondent to leave a shared apartment or limit contact with the children. Both parties should appear as directed by the court. If the petitioner fails to appear, the petition may be dismissed. If a respondent who has received proper notice fails to appear, the court may proceed without the respondent and may issue a final order when the legal requirements are satisfied. Respondents who work long shifts or have moved out of the borough sometimes ask whether they can appear by video. The judge may allow a virtual appearance in some situations, so we confirm the arrangements well before the court date.

When deciding on an extension, judges usually look for proof of continuing danger, such as recent threats, new incidents, or repeated attempts at contact. 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. Our lawyers build these requests, or the opposition to them, around current circumstances and the evidence the judge will expect to see, and the same is true when a client wants an order changed or ended after the parties have reconciled.

Violating an Order of Protection in Brooklyn

A text message, a returned call, or a chance run-in on the F train can lead to a respondent’s arrest, even if the protected person reached out first. Stephen Bilkis & Associates defends people accused of violating orders of protection in both Kings County Family Court and Brooklyn Criminal Court. We move quickly to save phone records, messages, and witness information, because these cases often turn on who contacted whom and when.

When a violation is reported, the police will investigate, and if they find probable cause, the respondent may be arrested and charged in Criminal Court. The petitioner can also file a violation petition in Family Court. If the judge finds the violation was willful, the court can issue a new order, require the respondent to pay the petitioner’s legal fees, and impose up to six months in jail for each violation. Those jail terms can run back to back for separate violations, so repeated contact can lead to far more than six months behind bars. Criminal charges for violating an order include:

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

Only the respondent is bound by the order, so an invitation from the protected person is not a defense. For example, a father in Sunset Park who brings his daughter to her Saturday soccer game after his ex texts him to come can still be arrested if the order bars all contact. In a case like that, we save the full text conversation right away. We check whether the order’s terms clearly covered the game. We also ask the court to modify the order so the parents can handle pickups and activities safely going forward.

Contempt charges can come from threats, physical harm, or repeated violations, and a conviction can bring jail, probation, fines, and a permanent criminal record. Stephen Bilkis and his team examine whether the respondent was properly served, whether the order’s terms were clear, and whether the contact actually broke those terms.

Brooklyn Family Court and Criminal Court Cases for the Same Incident

Defending two cases over one incident can be exhausting, especially when testimony in one court can be used against you in the other. Stephen Bilkis & Associates coordinates the defense for clients with cases open in Brooklyn Family Court and Brooklyn Criminal Court at the same time. We plan every move with both courts in mind, so that testimony, evidence, and settlement choices in one case do not hurt the client 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. The Family Court proceeding is civil, while criminal charges are prosecuted by the Kings County District Attorney’s Office. Each court can issue orders of protection, and the respondent must comply with every order that remains in effect. A win in one court does not end the case in the other.

How an Order of Protection Impacts Custody, Guns, and Jobs

Many people served with a petition think the order will only keep them away from one person, and they are surprised by how much it can impact their children, their paycheck, and their future. Before a respondent agrees to any terms, Stephen Bilkis & Associates walks through every consequence the order could carry. We weigh how each proposed term could impact a custody case, a current or future job, and a professional license, so that a fast resolution does not cause lasting damage.

An order can weaken a respondent’s position on custody and parenting time and may lead to supervised visits or a pause in contact with the children. The court can also require the respondent to surrender firearms and can suspend or revoke a firearms license. Family Court orders may appear on some background checks, which matters for jobs involving children, vulnerable adults, security clearances, or government work, and in some fields an order can put a professional license at risk.

A question many Brooklyn respondents raise is whether they can agree to an order without admitting they did anything wrong. In many cases they can, because family offense cases are often resolved with an order on consent and no finding that an offense occurred. Before a client agrees, we go over each term and explain how it could impact custody, work, and gun rights.

These same stakes explain why respondents often fight petitions hard, which is why petitioners need to be well prepared. Stephen Bilkis and his team prepare petitioners for cross-examination and pull together the texts, emails, photos, medical records, and witness statements that support their case.

Defenses to a Family Offense Petition in Brooklyn

Being accused of something that did not happen is devastating, and it can feel as if the judge has already taken the other side. Stephen Bilkis & Associates defends Brooklyn respondents from the first appearance through a full hearing. We test each allegation against the evidence and the law, because the petitioner, not the respondent, has to prove the case.

• No qualifying relationship. If you and the other person were never family, married, co-parents, or romantic partners, Family Court cannot hear the case, even if you share a building or a workplace.
• Insufficient proof. The petitioner must prove that a qualifying family offense more likely than not occurred. Credible testimony alone may be sufficient, but the respondent can challenge inconsistencies, credibility, and other weaknesses in the evidence.
• Self-defense during a mutual altercation. Using only the force you needed to protect yourself in a fight is not a family offense, and the judge may dismiss the petition on that basis.

Every defense depends on the details of your situation. Our Brooklyn orders of protection lawyers can identify the defenses that fit, gather the messages, call logs, photos, and witnesses that support them, and prepare you to testify clearly and calmly.

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 Brooklyn, or have been accused of violating an order, contact the experienced orders of protection attorneys serving Brooklyn at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what happened, whether a temporary order is already in place or a court date is coming up, and what you hope to accomplish. We will review your situation and explain the next steps that may be available. Early action matters, because the terms set at the start of a family offense case, and how you respond to them, can impact everything that follows.

Whichever attorney you meet with, you will be working with a firm led by Stephen Bilkis. He has been named to the New York Super Lawyers list, which includes only the top 5% of attorneys in the state, and Avvo rates him Excellent. Justia has recognized him as a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates helps petitioners and respondents across Brooklyn, from Bay Ridge and Bensonhurst to Crown Heights, Flatbush, and Williamsburg.