Contempt Proceeding Lawyer Staten Island

A family court order is only useful if it is followed, and New York provides enforcement tools when a party ignores a support obligation, a custody directive, or another court order. Staten Island clients dealing with a former spouse or co-parent who is not complying with an order often want to know what enforcement options exist. Law Offices Of SRIS, P.C. advises clients on the categories of court orders that carry enforcement consequences and how those orders are structured under New York law. The firm does not offer free consultations; call (888) 437-7747 to request a scheduled consultation. This page discusses the kinds of orders most often at issue in an enforcement dispute, including automatic orders entered during a divorce and orders of protection issued in Family Court.

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Automatic Orders and Their Enforceability

Domestic Relations Law § 236(B)(2)(b) requires that, upon filing and service of a matrimonial summons, both parties be bound by a set of automatic orders that restrain conduct such as selling or transferring property without consent or a court order, withdrawing from retirement accounts, incurring unreasonable new debt, removing a party or child from existing health insurance, or changing life insurance beneficiaries, until judgment. These orders are self-executing by statute, meaning they take effect upon filing and service rather than requiring a separate court application to become binding in the first instance. Because the automatic orders remain in effect throughout a pending divorce, a violation of them, such as an unauthorized transfer of marital funds, can become the basis for the non-violating spouse to seek relief from the court once the conduct is discovered. Because these orders apply automatically to both spouses without requiring a separate motion to put them in place, a spouse who discovers that the other spouse has moved funds, opened new debt, or changed insurance coverage after the summons was filed and served should document what happened as soon as possible, since that documentation becomes the basis for any later request that the court address the violation.

Orders of Protection and Their Duration

Family Court Act § 842 governs the conditions a Family Court order of protection may impose and how long it may last. Under the statute, an order of protection generally runs for a period not exceeding two years, or up to five years where the court makes an on-the-record finding of aggravating circumstances, as defined elsewhere in the Family Court Act, or a finding that the conduct alleged violated an existing valid order of protection. The order may address matters such as staying away from the protected party, avoiding contact or harassment, temporary custody, and temporary child support, and it may be extended for a reasonable period on a further application showing good cause. Compliance with an order of protection, like compliance with other family court directives, is something the issuing court can enforce, and the specific enforcement mechanism available depends on the type of order and the court in which it was issued. Documenting a suspected violation, including dates, communications, and any witnesses, is typically an important first step regardless of which type of order is involved, since the court will look to the specific facts of the alleged violation when deciding what relief, if any, is appropriate. The firm reviews the underlying order together with the client’s documentation before discussing what enforcement options may be available.

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 who founded the firm in 1997. 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 that he applies to reviewing financial records in enforcement matters involving support or property orders. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

What are the automatic orders in a New York divorce?

Domestic Relations Law § 236(B)(2)(b) sets out automatic orders that restrain both spouses from actions such as transferring property, withdrawing retirement funds, incurring unreasonable debt, or changing insurance coverage without consent or a court order, effective upon filing and service of the summons.

Do the automatic orders require a judge to sign something first?

No. The automatic orders are self-executing under Domestic Relations Law § 236(B)(2)(b); they bind the plaintiff upon filing and the defendant upon service, without a separate court application needed to take initial effect.

How long does a New York order of protection last?

Family Court Act § 842 generally allows a period of up to two years, or up to five years where the court finds aggravating circumstances on the record or finds that the conduct violated an existing order of protection.

Can an order of protection be extended?

Yes. Under Family Court Act § 842, the court may extend an order for a reasonable period on a further motion showing good cause or with the parties’ consent, and must state its reasoning on the record.

What can an order of protection require besides staying away?

Family Court Act § 842 lists a range of possible conditions, including no-contact and no-harassment terms, and it separately authorizes the court to address temporary custody and temporary child support in connection with the order.

Does the firm handle enforcement matters for Staten Island clients?

The firm advises clients on enforcement of family court and matrimonial orders by scheduled appointment. The firm does not maintain a physical location in Staten Island; consultations are arranged by calling (888) 437-7747.

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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