Order of Protection Lawyer New York

An order of protection in New York can reshape a family’s living arrangements, custody schedule, and daily contact almost overnight. Whether you are asking Family Court for protection from someone you live with or are related to, or you have been served with a petition and are trying to understand what it means for you, the stakes in these cases are immediate and personal. New York law defines who can seek this kind of order, what conduct qualifies, and how long an order can last, and those details matter in how a case is prepared and presented. Law Offices Of SRIS, P.C. represents both petitioners and respondents in Family Court order of protection matters throughout New York. The firm has been practicing since 1997 and works to help clients understand the process, whether they are seeking protection or defending against a petition. To discuss a pending or anticipated order of protection matter, call (888) 437-7747 to request a consultation.

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What an Order of Protection Means in New York

A Family Court order of protection is available in a “family offense proceeding,” and FCA § 812 defines both who can bring one and what conduct qualifies. The statute gives Family Court and criminal courts concurrent jurisdiction over an enumerated list of underlying offenses, including harassment, aggravated harassment, menacing, stalking, assault, strangulation, criminal mischief, reckless endangerment, identity theft, and coercion, among others, when committed between “members of the same family or household.” That phrase has a specific statutory definition: it includes people related by blood or marriage, people who are or were married, people who have a child in common regardless of marriage or cohabitation history, and people who are or were in an intimate relationship, regardless of whether they ever lived together.

Duration is governed by FCA § 842, and this is an area where the statute has changed. A Family Court order of protection may currently run for a period not in excess of two years. It may run for up to five years if the court makes a finding on the record of “aggravating circumstances,” a term defined in FCA § 827(a)(vii), or a finding that the conduct alleged in the petition violated an existing valid order of protection. An order can also be extended beyond its original term on a later motion for good cause or by consent of the parties. The conditions an order can impose range from a stay-away and no-contact provision to temporary custody, temporary child support, and other conditions the court finds necessary to further the order’s protective purpose.

Because both the enumerated offense list in FCA § 812 and the duration structure in FCA § 842 have been amended in recent years, the specific facts of when a petition was filed and what conduct is alleged matter a great deal to how a case is evaluated.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Order of Protection Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent clients on both sides of order of protection proceedings. For a petitioner, that means helping to identify which qualifying relationship under FCA § 812 applies and which enumerated offense or offenses the alleged conduct fits, and preparing the factual record the court will need to consider at a hearing. For a respondent, it means reviewing the petition’s allegations against the statutory definitions, evaluating whether the relationship and conduct alleged actually meet the FCA § 812 requirements, and preparing a response to the allegations.

Because an order of protection under FCA § 842 can include temporary custody and child support provisions, the firm looks at how a requested or existing order intersects with any related custody or support matter the family already has pending, so that the pieces of a case are not addressed in isolation from one another. Where a party is seeking, or facing, an extension of an order, or a finding of aggravating circumstances that could extend its duration toward the five-year maximum, the firm works to identify what the record supports on either side of that question.

Mr. Sris and the firm’s Of Counsel attorneys recognize that these matters often move quickly and carry real consequences for housing, contact with children, and daily routines. The firm’s intake line provides 24/7 phone intake so a client facing an urgent Family Court matter can begin the process of scheduling a consultation without waiting for standard business hours.

About the Firm

Law Offices Of SRIS, P.C. has been practicing since 1997. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor, a background that informs how the firm approaches the fact-intensive, sometimes fast-moving nature of Family Court proceedings. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and studied at George Mason University with a background in accounting and information systems that the firm applies in cases requiring careful review of records and documentation. Other attorneys who work on client matters are referred to collectively as the firm’s Of Counsel attorneys and contract directly with the firm.

Mr. Sris and the firm’s Of Counsel attorneys work with both petitioners seeking protection and respondents defending against a petition, since Family Court order of protection matters place the firm on either side of a case depending on who the client is. The firm’s approach centers on matching the facts of each case against the specific statutory definitions in FCA § 812 and FCA § 842, rather than treating every family offense petition as interchangeable.

Frequently Asked Questions

Who can seek an order of protection in New York Family Court?

A petitioner must be a “member of the same family or household” as the respondent, as defined in FCA § 812. That includes people related by blood or marriage, current or former spouses, people with a child in common, and people in an intimate relationship regardless of whether they ever lived together.

How long does a Family Court order of protection last?

Under FCA § 842, an order generally runs for up to two years. It can run for up to five years if the court finds “aggravating circumstances” as defined in FCA § 827(a)(vii), or finds that the conduct alleged violated an existing valid order of protection. Orders can also be extended later for good cause or by consent.

What conduct qualifies for a family offense petition?

FCA § 812 lists specific qualifying offenses, including harassment, menacing, stalking, assault, strangulation, criminal mischief, reckless endangerment, identity theft, and coercion, among others, when committed between people who fall within the statute’s family or household definition.

Can an order of protection affect child custody?

It can. FCA § 842 authorizes the court to award temporary custody and order temporary child support as part of an order of protection, and to address temporary spousal support on request. Because of this, a family offense case can directly affect an existing or pending custody arrangement.

What happens if I am served with an order of protection petition?

A respondent has the opportunity to respond to the allegations in a Family Court proceeding. Reviewing the specific offense alleged against the FCA § 812 definitions, and understanding what the petitioner must show, is an important early step in preparing a response.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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