Order of Protection Lawyer Staten Island

Family offense allegations move quickly through New York’s court system, and the statutory rules governing an order of protection determine how long restrictions last and what conduct they cover. Law Offices Of SRIS, P.C. represents individuals in Staten Island who are seeking an order of protection or responding to a family offense petition filed against them. The firm does not maintain a physical location in Staten Island. Consultations connected to a Staten Island matter are handled by appointment. Family Court proceedings can affect custody, visitation, and a household’s living arrangements while a case is pending, and because the underlying statutes have been amended multiple times in recent years, the current list of qualifying offenses and the permissible duration of an order matter as much as the facts of the incident itself. Call (888) 437-7747 to discuss how these rules may apply to a pending or anticipated Staten Island family offense matter.

On this page

What Qualifies as a Family Offense Under New York Law

New York Family Court Act § 812 gives Family Court and criminal courts concurrent jurisdiction over a defined list of underlying offenses when they occur between specific categories of people. The statute enumerates offenses that include harassment, aggravated harassment, stalking, menacing, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation, assault, identity theft, grand larceny, and coercion, among other listed acts, when committed between spouses or former spouses, a parent and child, or members of the same family or household. FCA § 812 separately defines “members of the same family or household” to include people related by blood or marriage, people who were formerly married regardless of whether they still live together, people who share a child in common regardless of marriage or cohabitation history, and people in an intimate relationship regardless of whether they have ever lived together. That last category was extended by amendment to reach intimate partners who never cohabited, which broadens who may petition for an order of protection beyond spouses or roommates. Because the enumerated list of qualifying offenses has been revised multiple times, the specific conduct alleged in a Staten Island petition should be measured against the current statutory list rather than an older summary of the law.

How Long an Order of Protection Can Last

Family Court Act § 842 governs how long a final order of protection may remain in effect once a family offense petition is resolved. Under the current statutory scheme, an order may run for a period not exceeding two years, or not exceeding five years if the court makes an on-the-record finding of aggravating circumstances as defined in FCA § 827(a)(vii), or finds that the conduct underlying the current petition violated an existing valid order of protection. The court must state the basis for any aggravating-circumstances finding on the record, and that finding must be endorsed on the order itself. FCA § 842 also lists the kinds of conditions an order may impose, such as directing a party to stay away from the protected person’s home, school, or place of employment, refrain from contact or communication, attend a batterer’s education program, pay counsel fees, or observe other conditions the court finds necessary to further the order’s protective purpose. Separately, the same section authorizes the Family Court to award temporary custody of a child and to order temporary child support while a family offense proceeding is pending, and to set a further hearing on temporary spousal support upon request. An order may also be extended beyond its original term on motion, for good cause or by consent of the parties.

When an Order of Protection Intersects With a Custody Case

An order of protection issued in connection with a Staten Island family offense case can affect a related or subsequent custody proceeding. Domestic Relations Law § 240(1)(a), which applies in Supreme Court matrimonial actions such as those filed at Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, directs the court to award custody based on the best interests of the child and requires the court to consider the effect of any proven domestic violence allegations on those best interests. Neither parent has an automatic or presumed right to custody under this standard. A parent who makes a good-faith, reasonable report of abuse or takes lawful protective action in response to a reasonable belief of abuse is not to be penalized in a custody determination solely for having done so. Because an order of protection and a custody case can proceed on parallel tracks, the record developed in a Family Court family offense proceeding may become relevant if a custody dispute is later filed or already pending in Supreme Court.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. The firm was founded in 1997 and has represented clients in family law and other civil matters since that time.

The firm’s Of Counsel attorneys work alongside Mr. Sris on family law matters, including family offense and order of protection proceedings. The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not offer free consultations; a scheduled consultation connected to a Staten Island matter can be requested by calling (888) 437-7747, and the intake line is staffed 24/7. The firm does not guarantee any particular outcome in a family offense or order of protection matter, and results depend on the facts and circumstances of each case.

Frequently Asked Questions

What is a family offense under New York law?

A family offense is one of the specific offenses enumerated in Family Court Act § 812, such as harassment, menacing, assault, or stalking, committed against a spouse, former spouse, a parent or child, a person with whom the respondent has a child in common, or a person with whom the respondent has or had an intimate relationship. Family Court and criminal courts share concurrent jurisdiction over these offenses.

How long does an order of protection last in Staten Island Family Court?

Under FCA § 842, a final order of protection generally runs for up to two years. The court may extend that period up to five years if it makes an on-the-record finding of aggravating circumstances as defined in FCA § 827(a)(vii), or finds that the respondent violated an existing order of protection.

Can an order of protection include a temporary custody decision?

Yes. FCA § 842 authorizes the Family Court to award temporary custody of a child and order temporary child support while a family offense proceeding is pending, and to schedule a further hearing on temporary spousal support if requested.

Does the firm offer a free consultation for a Staten Island order of protection matter?

No. The firm does not offer free consultations. A scheduled consultation can be requested by calling (888) 437-7747.

Does Law Offices Of SRIS, P.C. have an office in Staten Island?

No. The firm does not maintain a physical location in Staten Island. Consultations connected to a Staten Island matter are handled by appointment.

Can an order of protection affect a later custody case?

It can. Domestic Relations Law § 240(1)(a) requires a court deciding custody to consider the best interests of the child, including the effect of any proven domestic violence, so a family offense record may become relevant in a related custody proceeding.

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.

Attorney advertising. Prior results do not guarantee a similar outcome.