Order of Protection Lawyer Manhattan

A family offense petition filed in New York County can move quickly, and the order that results from it can shape where someone lives, whether they can contact their own children, and what happens to a shared home, sometimes within days of the initial filing. Whether the case originates in Family Court or as part of a matrimonial action referred from New York County Supreme Court at 60 Centre Street, an order of protection carries real consequences for both the person who petitions for one and the person named as respondent. Law Offices Of SRIS, P.C. represents petitioners and respondents in Manhattan family offense matters.

This page provides general information about how New York’s family offense statute works and does not create an attorney-client relationship. The firm does not offer free consultations. Because the underlying facts in these cases, allegations of harassment, menacing, assault, or other conduct between family or household members, are often disputed and time-sensitive, a person on either side of a Manhattan order-of-protection matter typically benefits from understanding the process before a hearing date arrives. Call (888) 437-7747 to discuss scheduling a consultation.

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What an Order of Protection Means in Manhattan

New York Family Court Act § 812 defines which underlying acts can support a family offense proceeding and who qualifies as a “member of the same family or household.” The enumerated conduct includes offenses such as harassment, aggravated harassment, menacing, stalking, criminal mischief, strangulation, assault, and several other statutorily listed acts, when committed between spouses or former spouses, parents and children, relatives, people who share a child in common, or people in an intimate relationship regardless of whether they have ever lived together. Family Court and criminal court share concurrent jurisdiction over these acts, meaning a petitioner in Manhattan may have more than one forum available depending on the facts.

Once a court finds that a family offense occurred, FCA § 842 governs how long an order of protection can last. An order generally runs for a period not exceeding two years. It can run for up to five years if the court makes an on-the-record finding of aggravating circumstances, a term defined elsewhere in the Family Court Act, or if the court finds that the conduct alleged violated an existing valid order of protection. The statute also authorizes conditions tailored to the case, including stay-away and no-contact terms, and permits the court to address temporary custody, temporary child support, and a further hearing on temporary spousal support within the same proceeding. Because this area of the statute has been amended more than once recently, a Manhattan case should be evaluated against the current text of FCA § 842 rather than an older description of how long these orders last.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These 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 Manhattan family offense proceedings. For a petitioner, that work typically starts with identifying which enumerated act or acts under FCA § 812 the underlying conduct fits, since the petition has to connect specific alleged behavior to the statutory list rather than describing generalized conflict. The firm also helps petitioners think through what conditions to request, including stay-away terms, temporary custody arrangements, and whether a related temporary support request should be raised in the same proceeding.

For a respondent, the firm’s approach centers on understanding the specific allegations, the relationship category asserted under FCA § 812’s “member of the same family or household” definition, and what evidence supports or contradicts the petition. A finding of aggravating circumstances can extend an order’s duration from two years to as long as five, so contesting or narrowing that finding, where the facts support doing so, matters to how long any resulting order remains in effect. The firm also addresses how a pending or existing order of protection intersects with a parallel custody or divorce matter, since these cases frequently do not stand alone.

Mr. Sris and the firm’s Of Counsel attorneys do not guarantee a particular result in any family offense matter, and the outcome in every case depends on the specific facts presented to the court. The firm’s intake line is staffed 24/7, recognizing that these matters can arise on short notice and that a person facing a hearing date may need to reach the firm outside standard business hours.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and previously served as a prosecutor before shifting his practice toward family law. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his background as a former prosecutor has direct relevance to family offense proceedings, which share some procedural features with criminal matters even though they are civil in nature. His background in accounting and information systems has also been applied to cases requiring careful documentation review.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and bring additional courtroom experience to family offense matters handled out of Manhattan. Clients should expect that a case may be staffed by Mr. Sris, an Of Counsel attorney, or both, and that the firm’s approach across these matters emphasizes matching the facts carefully to the statutory categories under FCA § 812 and § 842 rather than treating every petition or defense the same way.

Frequently Asked Questions

How long does a New York order of protection last?

Under FCA § 842, an order of protection generally lasts no more than two years. It can last up to five years if the court finds, on the record, that aggravating circumstances exist, or that the underlying conduct violated an existing valid order of protection. This duration structure was recently amended, so a Manhattan case should be evaluated against the current statutory text.

What qualifies as a “family offense” in New York?

FCA § 812 lists specific enumerated acts, including offenses such as harassment, menacing, stalking, strangulation, and assault, that qualify as family offenses when committed between people who meet the statute’s definition of members of the same family or household. That definition covers spouses, former spouses, relatives, parents of a shared child, and people in an intimate relationship regardless of cohabitation history.

Can an order of protection affect custody and child support?

Yes. FCA § 842 authorizes the court to address temporary custody and temporary child support within a family offense proceeding, and to set a further hearing on temporary spousal support if requested. These issues are often decided alongside the protective order itself rather than in a fully separate case.

Does an order of protection require the parties to have lived together?

No. FCA § 812’s definition of “members of the same family or household” includes people in an intimate relationship regardless of whether they have ever lived together, in addition to spouses, former spouses, relatives, and people who share a child in common.

Can a Manhattan order of protection be extended past its original term?

FCA § 842 allows the court to extend an order on motion for a reasonable period upon a showing of good cause or with the consent of the parties. The absence of further abuse during the order’s pendency is not, by itself, a sufficient reason to deny an extension.

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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