Family Court Orders of Protection in New York

Stephen Bilkis & Associates is led by New York orders of protection lawyer Stephen Bilkis, who has nearly 30 years of experience handling family offense petitions, orders of protection, and other family law matters in New York. The firm has handled a combined thousands of order of protection consultations and cases, and its attorneys collectively have more than 300 years of legal experience.

If you have been threatened, harassed, or hurt by a family member or partner, you may be worried about whether you and your children will be safe, how quickly a court can act, and what happens if the other person ignores the order. If you have been served with a petition, you may be worried about whether you will have to leave your home, whether you will be able to see your children, whether the order will show up on a background check, and whether a single phone call could lead to your arrest. We start by learning what happened, the history between you and the other party, and what you need to protect your safety, your family, and your future.

Every case is different. Some petitions arise from a single heated argument, while others follow years of threats or violence. Some respondents are facing false or exaggerated allegations made during a divorce or custody dispute, and others are dealing with a Family Court case and a criminal prosecution at the same time. We look at the entire situation so that the strategy in court reflects what actually happened and what is at stake.

Stephen Bilkis has received professional honors and ratings that include selection to the New York Super Lawyers list, a distinction limited to 5% of attorneys in the state. He has also received an Excellent rating from Avvo, recognition as a Top-Rated Lawyer by Justia, and recognition from Expertise.com and TopLawyer.com. If you are seeking an order of protection, have been served with a family offense petition, or have been accused of violating an order, contact Stephen Bilkis & Associates to discuss your case.

What Is a Family Court Order of Protection in New York?

Being served with papers accusing you of abuse, or finally deciding to ask a court for protection from someone you once trusted, can turn your life upside down overnight. Stephen Bilkis & Associates represents both petitioners seeking protection and respondents defending against family offense petitions in Family Courts throughout the New York City area. Our approach is to explain from the first consultation exactly what the order means, what it requires, and what is likely to happen next, because confusion about the terms is one of the most common ways people get into further trouble.

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 that limits the contact one person may have with another, and it may include stay-away provisions, no-contact rules, or an order to leave a shared residence. People often refer to these orders as restraining orders, protective orders, or stay-away orders.

Although a Family Court proceeding is civil, violating the order is not treated as a civil matter. A respondent who violates a Family Court order of protection can be arrested and charged with crimes, including criminal contempt.

Family Offenses and Qualifying Relationships

Whether you are the one asking for protection or the one accused, the case turns on two questions: what exactly happened, and what is the relationship between the people involved. An experienced New York orders of protection lawyer at Stephen Bilkis & Associates reviews the allegations against the legal definitions of family offenses before anything is filed or answered. We look closely at whether the conduct described in the petition actually fits one of the offenses the law recognizes, because not every argument or unpleasant exchange qualifies.

The process begins with a family offense petition, a sworn document filed by the person claiming to have been harmed, called the petitioner, against the person accused, called the respondent. The respondent has the right to be notified of the petition and to respond in court. Family offenses are defined in Family Court Act § 812(1) and include, among others:

• Disorderly Conduct (Penal Law § 240.20)
• Harassment and Aggravated Harassment (Penal Law §§ 240.25, 240.26, 240.30)
• Stalking (Penal Law §§ 120.45, 120.50, 120.55, 120.60)
• Menacing (Penal Law §§ 120.14, 120.15)
• Reckless Endangerment (Penal Law §§ 120.20, 120.25)
• Assault and Attempted Assault (Penal Law §§ 120.00, 120.05)
• Criminal Obstruction of Breathing or Blood Circulation and Strangulation (Penal Law §§ 121.11, 121.12, 121.13)
• Criminal Mischief (Penal Law §§ 145.00, 145.05, 145.10, 145.12)
• Sexual Misconduct, Forcible Touching, and Sexual Abuse in the Second and Third Degrees (Penal Law §§ 130.20, 130.52, 130.55, 130.60(1))
• Unlawful Dissemination or Publication of an Intimate Image (Penal Law § 245.15)
• Identity Theft (Penal Law §§ 190.78, 190.79, 190.80)
• Grand Larceny in the Third and Fourth Degrees (Penal Law §§ 155.30, 155.35)
• Coercion (Penal Law § 135.60(1)-(3))

The Family Court can only hear the case when the parties have a qualifying relationship. This includes people related by blood or marriage, current and former spouses, parents who have a child in common, and people who are or have been in an intimate relationship, whether or not they lived together.

Consequences Beyond Staying Away

Many people assume an order of protection only means staying away from someone, and they are shocked to learn how far its effects can reach into their family, their job, and their future. Stephen Bilkis & Associates advises respondents on the full range of consequences before they agree to any terms or consent to an order. The firm weighs how each proposed term could affect custody, employment, and licensing, so that a quick resolution today does not create a larger problem later.

An order of protection can affect a respondent’s ability to obtain or keep custody and parenting time, and it may lead to supervised visitation or a temporary suspension of contact with the children. The court may also order the respondent to surrender firearms and may suspend or revoke a firearms license. Family Court orders of protection can appear on certain background checks, which may affect employment in fields involving children, vulnerable adults, security clearances, or government work, and depending on the profession, an order could create problems with obtaining or keeping a professional license.

One of the questions parents frequently ask us is whether they can still see their children while an order of protection is in place. The answer depends on the terms of the order, since some orders include specific custody and visitation provisions while others bar contact with the children or the other parent entirely. A parent must follow the order as written until the court changes it, but either party can ask the judge to add or adjust terms related to parenting time.

Clients also often ask us whether a Family Court order of protection will show up on a background check. Even though Family Court orders are civil, they may appear on certain screenings, particularly for jobs in security, childcare, education, or government, and they can affect employment, licensing, and housing opportunities.

For petitioners, these same consequences explain why respondents often fight hard against an order, and why a well prepared case matters. Stephen Bilkis and his team prepare petitioners for cross-examination and gather the texts, emails, photographs, medical records, and witness statements needed to prove the allegations.

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

When you are afraid for your safety or your children’s safety, you need protection quickly, and the paperwork should not stand in the way. Stephen Bilkis & Associates helps petitioners prepare and file family offense petitions and represents respondents from the first court appearance. Our approach is to make sure the petition, or the response to it, tells the court a clear and accurate story from the very beginning, since the first document the judge reads often shapes the rest of the case.

To obtain an order, a sworn family offense petition must be filed on Form GF-5, which is available on the New York State Unified Court System website or at any Family Court. The lawyers at Stephen Bilkis & Associates prepare the petition for our clients, making sure it describes each incident clearly and includes the details the judge needs to see, and we help decide where to file, since the petition may be brought in the county where the petitioner lives, where the respondent lives, or where the incident occurred. The court can issue a temporary order of protection the same day the petition is filed, often without the respondent present. A temporary order is not a finding of wrongdoing, but it takes effect once the respondent is served and must be obeyed.

In Manhattan, family offense petitions are filed at New York County Family Court, 60 Lafayette Street, New York, NY 10013, and each of the other boroughs has its own Family Court. A petitioner has the right to appear before a judge on the same day the petition is filed, and we go to court with our clients for that appearance so they do not have to face it alone. At that first appearance, the judge may issue a temporary order of protection under Family Court Act § 828 if there is good cause, such as a recent threat or act of violence, and we present the evidence and argument needed to show the court why immediate protection is necessary.

The terms of an order may require the respondent to stay away from the petitioner’s home, workplace, or school, avoid contact by phone, text, email, or social media, leave a shared residence, follow temporary custody and visitation arrangements, or attend counseling or treatment. After the respondent is served, both parties must appear in court, and a final order may be issued after a hearing or by agreement. Both petitioners and respondents should speak with an experienced New York orders of protection lawyer before the first court date.

How Long Does a Family Court Order of Protection Last?

Living under a temporary order can feel like your life is on hold, whether you are waiting to find out if you can go home or waiting to find out if you will stay protected. An experienced New York orders of protection lawyer from Stephen Bilkis & Associates explains how long each stage of the order is likely to last and what can change it. We focus on the court dates that matter most, because missing a single appearance can decide the outcome.

Temporary orders typically remain in effect until the next court date and can be extended repeatedly until the case is resolved. The standard for issuing a temporary order is low, yet it can have an immediate impact, such as requiring a respondent to leave a shared home or restricting contact with children. A final order is issued at the end of the case and reflects the court’s decision on the allegations, but it does not last indefinitely. Both parties must attend the hearing on whether a final order will be issued. If the petitioner is absent, the court will likely dismiss the petition, and if the respondent is absent, the court may issue or extend the order without hearing the respondent’s side.

Family offense cases in New York City can also take longer than many people expect. According to Family Court data cited by the New York City Council, about 11% of family offense petitions in New York City in 2022 took more than a year to go from filing to a final resolution. With experience handling thousands of order of protection consultations and cases, the lawyers at Stephen Bilkis & Associates know how to prepare for each court date and keep a case moving, and we encourage anyone facing a family offense case to contact the firm early.

Final orders are generally issued for up to two years. Under Family Court Act § 842, the court may issue a final order lasting up to five years if it finds on the record that aggravating circumstances exist, such as physical injury or a history of repeated violations, or that the respondent violated a valid order of protection. 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 its terms.

A petitioner may also ask the court to extend an order for good cause. In the same case, the petitioner later asked to extend the order past its expiration date, and the court denied the request because the petitioner did not present sufficient evidence of continued risk or any new incidents. Under Family Court Act § 842, the court may extend an order for a reasonable period of time if there is good cause or if both parties consent. The absence of new abuse while the order was in effect is not by itself a reason to deny an extension, and the court must state the basis for its decision on the record. Whether you are seeking or opposing an extension, an experienced New York orders of protection lawyer at our firm can help prepare the evidence the court will consider.

Can You Modify or Cancel a Family Court Order of Protection?

An order that made sense on the day it was issued may no longer fit your life, whether the parties have reconciled, one of them has moved, or the order is standing in the way of seeing your children. Stephen Bilkis & Associates represents both petitioners and respondents in requests to modify, extend, or vacate orders of protection. The firm builds each request around current facts rather than the original allegations, because current circumstances are what the court will focus on.

Either party can ask the court that issued the order to modify or cancel it by filing a motion or petition, and the judge may schedule a hearing. Until the court changes the order, every original term remains in effect and must be followed, even if both parties agree it is no longer needed.

Clients often wonder how to go about getting an order of protection dismissed. The process starts with a motion filed in the court that issued the order, and the judge may hold a hearing before deciding. The order stays in full effect while the motion is pending, so contact that the order prohibits can still lead to a violation charge until the judge actually rules.

What Happens If You Violate a Family Court Order of Protection?

One text message, one phone call, or one unplanned encounter can be enough to land a respondent in handcuffs, even when the protected person started the contact. Stephen Bilkis & Associates defends clients accused of violating orders of protection in both Family Court and Criminal Court. Our approach is to move quickly to preserve phone records, messages, and witness information, because many violation cases turn on who contacted whom and when.

When a protected party reports a violation, the police will investigate, and if there is probable cause, the respondent may be arrested and the case may proceed in Criminal Court. The petitioner can also file a violation petition in Family Court, where a finding of a willful violation can lead to a new order of protection, an order to pay the petitioner’s counsel fees, and jail of up to six months for each violation. Under Matter of Walker v. Walker, 86 N.Y.2d 624 (1995), Family Court may impose consecutive jail terms when a respondent commits multiple separate violations, so repeated contact can result in far more than six months in jail. 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)

Criminal contempt charges can arise from threats, physical harm, or repeated violations of the order, and a conviction may lead to jail, probation, fines, and a permanent criminal record. Stephen Bilkis and his team examine whether the respondent was properly served, whether the terms of the order were clear, and whether the alleged contact actually violated those terms.

One of the questions respondents frequently ask us is what happens if the protected person reaches out to them. The order applies only to the respondent, so contact can still lead to arrest even if the protected person called first or invited the visit, and only the court can change that. If a client came to us after being arrested in Brooklyn for attending a child’s birthday party that the protected parent had invited him to by text, our approach would be to preserve that message and the rest of the conversation right away, review whether the order’s terms clearly covered the event, and use that evidence in both Criminal Court and Family Court while seeking a modification that allows safe contact around the children going forward.

Can You Face Family Court and Criminal Court Cases for the Same Incident?

Facing a Family Court case and a criminal prosecution at the same time for the same incident can feel overwhelming, especially when something you say in one courtroom can be used against you in the other. Stephen Bilkis & Associates represents clients who are dealing with parallel Family Court and Criminal Court proceedings. The firm coordinates strategy across both cases so that testimony, evidence, and settlement decisions in one court do not damage the client’s position in the other.

A person seeking protection may proceed in Family Court, Criminal Court, or both. The Family Court matter is a civil case, while the criminal case is prosecuted by the district attorney, and each court has independent authority to issue temporary and final orders of protection. The outcome in one court does not control the result in the other.

Clients sometimes wonder what to do when they have orders from both Family Court and Criminal Court. Both orders must be followed, and if their terms differ, the stricter terms control. When a related criminal case is pending, the Family Court case is sometimes resolved with an adjournment in contemplation of dismissal if the criminal order already provides enough protection. In New York City, a family with a related criminal case, Family Court case, and divorce may also have those matters heard together in an Integrated Domestic Violence part of Supreme Court, where one judge handles all of them.

What Defenses Can I Raise Against a Family Court Order of Protection?

Being accused of abuse or harassment you did not commit can be devastating, and it can feel as if the court has already taken the other side before you have said a word. Stephen Bilkis & Associates defends respondents at every stage of a family offense proceeding, from the first appearance through a full hearing. Our approach is to test every allegation against the evidence and the legal requirements, because the petitioner, not the respondent, carries the burden of proof.

• No qualifying relationship. These cases belong in Family Court only when the two people are family members, married now or in the past, raising a child together, or in a current or past dating relationship, and a petition that does not fit one of those categories can be dismissed.
• Alleged conduct not proven. The person bringing the case carries the burden of showing that the offense more likely than not took place, and accusations without real evidence behind them, such as threats no one can point to or events no one else saw, may not be enough to win.
• Mutual altercation and self-defense. Protecting yourself during a fight the other person started is not a family offense, so if the judge accepts that you were only defending yourself, the case against you may be dismissed.

Every case depends on its facts. An experienced New York orders of protection lawyer at our firm can identify the defenses that apply, gather the messages, call logs, photographs, and witness testimony that support them, and prepare you to testify clearly and credibly.

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

If you are seeking an order of protection, have been served with a family offense petition, or have been accused of violating an order, contact an experienced New York orders of protection lawyer at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what happened, whether a temporary order or court date is pending, and what you hope to accomplish. We will discuss your situation and identify the next steps that may be available. Early action matters, because a Family Court case can quickly lead to criminal charges.

Stephen Bilkis has received professional honors and ratings that include selection to the New York Super Lawyers list, which recognizes the top 5% of attorneys in the state. He is also rated Excellent by Avvo and has been recognized as a Top-Rated Lawyer by Justia, as well as by Expertise.com and TopLawyer.com. Stephen Bilkis & Associates represents clients throughout New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau County, Suffolk County, Westchester County, and other communities in the New York area.