Order of Protection Lawyer Nassau County
Law Offices Of SRIS, P.C. assists individuals throughout Nassau County, New York who are involved in order of protection matters, whether as the person seeking protection or the person named in a family offense petition. These cases move on a compressed timeline, and a protective order can immediately affect where a person may live, whether they can contact their children, and what property they may access. Nassau County family offense proceedings are heard in Nassau County Family Court, and related criminal conduct may also be prosecuted separately in criminal court. The firm’s intake line is staffed 24/7, and callers may reach the firm at (888) 437-7747 to request a scheduled consultation. The firm does not offer free consultations and does not guarantee any particular outcome in any matter.
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ToggleFamily Offense Proceedings Under New York Law
New York Family Court Act § 812 gives Family Court and criminal courts concurrent jurisdiction over an enumerated list of family offenses, including harassment, aggravated harassment, stalking, menacing, reckless endangerment, strangulation, assault, identity theft, and coercion, among others listed in the statute. FCA § 812 applies only when the conduct occurs between members of “the same family or household,” a term defined to include spouses and former spouses, relatives by blood or marriage, parents who share a child in common, and persons who are or were in an intimate relationship, regardless of whether they ever lived together. Because Family Court and criminal court share jurisdiction over these offenses, a petitioner may choose to file in Family Court, and the same conduct may also be the subject of a separate criminal case depending on how law enforcement responds. A respondent named in a family offense petition faces both the immediate civil proceeding and, in some cases, a parallel criminal matter, and the two tracks do not always resolve on the same timeline.
Duration and Scope of a Protective Order
Under Family Court Act § 842, an order of protection issued in a family offense proceeding may generally remain in effect for up to two years. The court may extend that period to up to five years when it finds that the case involves aggravating circumstances as defined in FCA § 827(a)(vii), or when the court finds that the underlying conduct violated an existing valid order of protection. A party may also move the court to extend an order beyond its original term for good cause. An order of protection can include terms addressing contact, communication, stay-away distances, and, in cases involving parents who share children, provisions that intersect with custody and visitation arrangements. Because these terms can carry consequences well beyond the family offense case itself, both petitioners and respondents benefit from understanding how the requested terms may affect other pending or future family law matters.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which was founded in 1997. He is a former prosecutor and 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. Mr. Sris and the firm’s Of Counsel attorneys represent clients in Nassau County family offense and order of protection matters, working within the framework set out in the Family Court Act.
The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Nassau County. Meetings are by appointment, and the firm’s intake line is staffed 24/7 so that prospective clients can request a scheduled consultation by calling (888) 437-7747. The firm does not offer free consultations, and no outcome in a family offense or order of protection matter can be guaranteed.
Frequently Asked Questions
Where are family offense petitions filed in Nassau County?
Family offense petitions involving Nassau County residents are generally filed in Nassau County Family Court. Related criminal charges, if any, may proceed separately in a criminal court with jurisdiction over the alleged conduct.
How long does an order of protection last in New York?
Under Family Court Act § 842, an order of protection issued after a family offense finding typically lasts up to two years. The court may extend that term to up to five years if it finds aggravating circumstances under FCA § 827(a)(vii) or that the respondent violated an existing order, and a party may move to extend an order for good cause.
Can an order of protection affect custody or visitation?
Yes. An order of protection issued in connection with a family offense case can include terms that limit or condition contact between a parent and child, which can intersect with existing or future custody and visitation arrangements.
What conduct can support a family offense petition?
Family Court Act § 812 lists specific offenses that support a family offense petition, including harassment, aggravated harassment, stalking, menacing, reckless endangerment, strangulation, assault, identity theft, and coercion, when the conduct occurs between members of the same family or household as the statute defines that term.
Does the firm offer a free consultation for order of protection cases?
No. Law Offices Of SRIS, P.C. does not offer free consultations. Prospective clients can call (888) 437-7747 to request a scheduled consultation.
Does Law Offices Of SRIS, P.C. have an office in Nassau County?
No. The firm does not maintain a physical location in Nassau County. The firm’s principal office is in Fairfax, Virginia, and meetings are by appointment.
Can a family offense case proceed in both Family Court and criminal court?
Yes. Family Court Act § 812 gives Family Court and criminal courts concurrent jurisdiction over the enumerated family offenses, so the same conduct can be addressed in a Family Court petition and, separately, in a criminal proceeding.
Related Pages
- Physical Custody Lawyer Nassau County
- Sole Custody Lawyer Nassau County
- Visitation Lawyer Nassau County
- Post Divorce Modification Lawyer Nassau County
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.