In re: An order of protectionFamily Court · Article 8Manhattan · Queens · All five boroughs
Order of protection lawyer in Queens & NYC
Reviewed by David Schnall, Esq.Last reviewed
Seeking an order of protection, or defending against one, in Family Court and within a divorce in Supreme Court. Family offense cases move fast, and David Schnall prepares your side from the first appearance.
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33
Years of family law
N.Y. Bar 1993 · S.D.N.Y. 1994
1,000+
Clients represented
Family law only
4.9
Rating on Avvo
58 client reviews
4×
Avvo Clients’ Choice
2018 · 2019 · 2021 · 2023
NYU
School of Law
J.D. 1991 · B.A. in Finance and Accounting
Every
NYC Family Court
Plus NYS Supreme & S.D.N.Y.
In brief
Orders of Protection in New York: key facts.
General information about New York law, not advice about your case. Each point is explained below.
- Which court
- Family Court, criminal court, or both. A Family Court case is civil.
- How fast
- A temporary order can be issued the day the petition is filed, for good cause.
- Filing fee
- None in Family Court.
- How long it lasts
- A final order: up to two years, or up to five with aggravating circumstances or a violation of an earlier order.
- A violation
- Up to six months in jail from Family Court, and it can be prosecuted as criminal contempt.
These cases move fast.
A temporary order of protection can be issued the day a petition is filed, before the other side has been served or has said a word. From that moment it can decide who stays in the home, who may contact whom, and when a parent sees the children.
If you need protection, the petition has to tell the court clearly what happened, when, and why you fear it will happen again. If you have been served, what you say, and don’t say, at the first appearance matters, and so does following the temporary order to the letter, even if you believe the allegations are false.
Either way, a family offense case rarely stays in its own lane. It can shape a custody case, a divorce or an ACS investigation, and a final order can last for years. It deserves a lawyer’s attention from the first day.
If you have been served
A temporary order is a court order. Follow it to the letter, then answer it in court.
Seeking protection, or defending against it.
For petitioners and respondents, in every New York City Family Court, and when a family offense arises inside a divorce.
Filing a family offense petition
Putting what happened in front of the court clearly and specifically, and asking for the terms you need: stay away, no contact, temporary custody.
Defending against a petition
Answering the allegations, preparing for the fact-finding hearing, and making sure the court hears your side before any final order is entered.
Temporary and final orders
Arguing the terms of a temporary order at the first appearance, and of a final order after a hearing or by agreement.
Violations, extensions and changes
When an order is violated, bringing it back before the court. When circumstances change, asking to modify, extend or end it.
Where protection meets custody
An order can include temporary custody and visitation terms, and proven domestic violence must be weighed in a custody case. The strategy has to cover both.
Within a divorce
Orders of protection sought in Supreme Court as part of a divorce, alongside the property, support and custody questions.
Not sure your situation fits a box? Most family cases touch more than one. The consultation sorts that out.
Discuss your caseHe knows both sides of these cases.
- i.
Ten years in NYC Family Court
Public defender, 2002–2012
A decade as a public defender in New York City Family Court, where family offense petitions are heard every day. He knows how these cases are proven, and how they are answered.
- ii.
Seeking or defending
Petitioners and respondents
The firm represents people asking for protection and people answering a petition. Knowing how the other side builds its case is how you prepare your own.
- iii.
One lawyer for the whole family case
Custody · Divorce · ACS
A family offense case often runs beside a custody case, a divorce or an ACS investigation. David Schnall handles all of them, so the strategy in one is built with the others in mind.
How a family offense case moves.
Most family offense cases in New York City are filed in Family Court. This is the usual path; yours may skip a step or add one.
Which court
Family Court, criminal court, or both. Within a divorce, Supreme Court can issue orders of protection too.
- 01
Free consultation
Whether you are seeking an order or have been served with one, tell David Schnall what happened. You leave knowing your options, what the next court date will look like, how long the case may take, and what it may cost.
- 02
The petition
The case starts with a family offense petition filed in Family Court, describing what happened and what you are asking for. There is no filing fee in Family Court.
- 03
The temporary order
The judge can issue a temporary order of protection the day the petition is filed, without the other side present, when there is good cause. It is served on the respondent and usually lasts until the next court date, and is often extended while the case goes on.
- 04
First appearance
Both sides appear. The court can continue or change the temporary order, address temporary custody, and set the case down for a hearing. Both parties have the right to a lawyer, assigned by the court if they can’t afford one.
- 05
Agreement or fact-finding hearing
Many cases end with the respondent agreeing to an order without admitting wrongdoing. Otherwise the court holds a hearing, where the petitioner must prove a family offense by a fair preponderance of the evidence.
- 06
The final order, and after
A final order sets the terms and how long they last. It can be extended for good cause, and a violation can be brought back to Family Court or prosecuted in criminal court.
What an order of protection can do.
A family offense case is civil, but its consequences are serious. These are the rules it runs on.
- Final order: the usual maximum
- 2years
- With aggravating circumstances, or after a violation of an earlier order
- 5years
- In jail, the most Family Court can order for a willful violation
- 6months
A violation can also be prosecuted in criminal court as criminal contempt, a separate crime. Temporary orders last until the court changes them or the case ends.
Who can file in Family Court
People who are related by blood or marriage, are or were married, have a child in common, or are or were in an intimate relationship, even if they never lived together. Relatives of someone in such a relationship can also file. A casual acquaintance doesn’t qualify: that case belongs in criminal court.
What counts as a family offense
Certain acts that are offenses under the Penal Law, including harassment, stalking, menacing, assault, strangulation, disorderly conduct, criminal mischief, identity theft and sharing an intimate image without consent, when committed against a family or household member.
Family Court, criminal court, or both
A person can file in Family Court, go to the police or the District Attorney for a criminal case, or both. A Family Court case is civil: its purpose is protection, and it doesn’t end in a criminal conviction. When Family Court is closed, at night, on weekends and holidays, a criminal court can hear a request for a temporary order.
The standard of proof
At the fact-finding hearing, the petitioner must prove the family offense by a fair preponderance of the evidence, a lower bar than in a criminal case.
What an order can require
Staying away from a person and their home, school, business or workplace; not committing family offenses; other conditions the court sets, such as no contact. It can include temporary custody and visitation terms, and it can suspend firearm licenses and require firearms to be surrendered.
Orders on consent
An order the respondent agrees to without admitting wrongdoing is just as enforceable as one entered after a hearing, but it isn’t a finding that a family offense happened. That difference can matter later, for example in a custody case.
General information about New York law, not legal advice for your situation. The law changes and every case turns on its facts; the free consultation applies it to yours.
… He handled my Child Custody, Family Offense Restraining Order, & Child Support. In addition he was able to handle all the ACS related issues that my ex was trying to throw my way. … Very intelligent lawyer. He didn't skip at any objections thrown his way. Always made sure to be prepared prior to every appearance and familiarize himself with the case on hand. …
… He has won every single motion my ex husband has tried to throw at me! Every single one! He is beyond fairly priced and his confidence is what wins ! I highly highly recommend him!
Reviews are quoted exactly as clients wrote them and reflect individual experiences. Prior results do not guarantee a similar outcome.
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Orders of Protection: straight answers.
The questions people ask first, answered plainly. Your own facts are what the free consultation is for.
Often the same day. When you file a family offense petition, the judge can issue a temporary order of protection that day, without the other party present, if there is good cause. A final order comes after a hearing or an agreement.
Obey it exactly, even if you believe the allegations are false: a violation can lead to arrest and a separate criminal case. Don’t contact the other party to work it out if the order forbids it. Then speak to a lawyer before the next court date.
No. A Family Court family offense case is a civil proceeding, not a prosecution, so it doesn’t result in a criminal conviction. Violating the order is different: that can be prosecuted as a crime.
A final Family Court order can last up to two years, or up to five years if the court finds aggravating circumstances or a violation of an earlier order. It can be extended for good cause. A temporary order lasts until the court changes it or the case ends.
Yes. A temporary order can include custody and visitation terms, and when domestic violence is proven, the court must consider it in deciding what is best for the child. That’s why the two cases need one strategy.
In Family Court, yes, if you are or were in an intimate relationship with that person, even if you never lived together. A casual acquaintance doesn’t count; for that, the route is criminal court.
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What you’ll learn in your free consultation
- 01How to achieve your goals
- 02How your case will unfold
- 03How long it will take
- 04The estimated costs
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