How to File for an Order of Protection in New York

Are you or your child a victim of domestic violence? You should speak with a family law attorney to evaluate whether you qualify for an Order of Protection. This legal solution helps reduce or eliminate contact with your abuser.

Domestic violence can involve one or more of the following:

  • Physical injuries
  • Threats of bodily harm and other forms of blackmail
  • Emotional, psychological, and/or verbal abuse
  • Stalking and harassment
  • Isolating you or your child from others
  • Animal cruelty towards household pets
  • Destruction of your sole or joint belongings and property

Seeking help from law enforcement and lawyers is important to take action against your abuser. In New York, the process of obtaining an Order of Protection, sometimes called a restraining order, is straightforward but requires that you provide the necessary evidence to support your claim.

What Does an Order of Protection Do?

An Order of Protection determines what your abuser can and cannot do to you and your family, including:

  • Staying away from you including at home, work, or school
  • Leaving your home if they used to live there
  • Not contacting you
  • Seeking therapy
  • Making child support payments
  • Attending an abusive partner intervention program

The court order can also require your abuser to surrender their firearms and pay your attorney fees and medical expenses due to what they did to you.

If you need to retrieve personal belongings at their place of residence, an Order of Protection may allow you to do so under the protection of law enforcement. If you share minor children with your abuser, the judge may grant you custody with or without visitation for the abuser. If a judge allows visitations, they may require said visitation to be supervised for your and the children’s safety.

Obtaining an Order of Protection in New York

You should consult with an experienced family law attorney to get professional advice and help to file a family offense petition in a New York family court. During any of the court hearings, a judge can issue a Temporary Order of Protection.

To request an Order of Protection, you must establish that your abuser is a current or former spouse, related by blood or marriage, or share a child with you. You also need to support any allegation of violence and/or abuse against you or a child in your household. This can include medical reports and photographs.

Both you and your abuser have the right to an attorney, which is why you must seek representation to increase your chances of securing a permanent Order of Protection.

How Long Does an Order of Protection Last?

A Temporary Order of Protection typically lasts until at least the next court hearing and a judge can extend it until the end of the court proceedings.

If you receive a “permanent” Order of Protection, it can be valid for up to two years. Under certain circumstances, it may last up to five years. If you need to change or extend it during or beyond its expiration date, you need to petition the court again. Your attorney can review your options with you.

What If the Abuser Violates the Order of Protection?

If your abuser violates the court order, they can face arrest and charges of criminal contempt. The violation may result in court hearings and a judge may sentence your abuser to fines and/or jail time. Additional provisions may be added to the Order of Protection.

If your abuser ignores the court order, you should reach out to law enforcement and your lawyer immediately to protect yourself and your family.

Trust Arnel Law Firm to Protect Your Rights and Future in Brooklyn and Kings Counties

At Arnel Law Firm, we are committed to protecting your interests and your family’s safety. Our team understands how daunting and damaging domestic violence and abuse can be and we can accompany you throughout the legal process of obtaining an Order of Protection.

We recommend you reach out to us right away if you or your child experiences domestic abuse. Our lawyers offer a free initial consultation to review your case. We can help you prepare and submit your request for an Order of Protection and be present during court proceedings.

After you obtained an Order of Protection, we can help you secure custody of your children and take any additional steps to protect your future.

Do you need to file for an Order of Protection in Brooklyn or Kings County? Call Arnel Law Firm today at (718) 550-3024 or fill out our online form to schedule a consultation.