How To File For An Order Of Protection In New York Family Court: An Overview For Staten Island Residents

In this article, you can discover…

• How an order of protection works in New York.
• How quickly a protection can be granted.
• What to do if the court denies your order of protection.

What Is An Order Of Protection And How Does It Work In New York?

An order of protection is a legal tool designed to help keep you safe by restricting another person’s actions toward you. Issued by a New York court—whether Family Court, Criminal Court, or the State Supreme Court—it’s meant to prevent someone from threatening, harassing, or harming you.

There are two main types of orders:

1. “Usual Terms” Order: This type tells the person to stop specific harmful behaviors, like stalking, harassment, or assault. However, it doesn’t always prevent normal contact, such as being in the same place or basic communication.
2. “Full Stay-Away” Order: This is stricter. It requires the person to stay away from you and places like your home, workplace, or school. It also bars any communication—whether by phone, email, social media, or through someone else.

How Is An Order Of Protection Enforced?

An order of the court is only enforceable by a contempt proceeding, where you and your attorney would have to prove that the other party willfully disobeyed that order. An order of protection is enforced in a similar way but can also be taken to the police if the other party violates that order. At this stage, the police can legally arrest them, and you can file a criminal case against them.

What Evidence Does One Need To Support The Request For An Order Of Protection?

No physical or digital evidence is needed to support the initial request. A petition is usually first filed in family court, and a temporary order of protection is then handed down.

To get the final order of protection through a trial, you can present evidence through your verbal testimony as well as through text messages, emails, social media posts, home security camera footage, and phone messages.

Witness testimony can also be helpful, such as testimony from friends, family, neighbors, and co-workers describing the other party’s behavior and its impact on you.

Attorney Jeffrey Johnson is a dedicated family law attorney serving New York. For over 30 years, he’s helped clients just like you file orders of protection, safeguarded their rights and well-being, and helped families navigate complex situations.

Have questions, or in need of quality legal guidance?

Reach out to the Law Office of Jeffrey W. Johnson at (718) 557-9767 for an initial consultation today.

How Quickly Can An Order Of Protection Be Granted In New York?

Typically, a temporary order or protection is granted the same day that you petition for one. This temporary order lasts until the next court date and will usually be extended through the court dates until your case gets to a final disposition.

In most cases, temporary orders are handed down so long as the court finds you credible and your allegations rise to the level of a family offense (such as harassment, assault, or sexual abuse).

At final disposition, you will usually receive a final order of protection. In some cases, if the court feels your case is not strong enough to warrant that measure, no final order will be given.

How Long Does An Order Of Protection Typically Last?

A temporary order of protection normally stays in place for as long as the case takes to be reviewed in court. A final order of protection lasts for two years in New York, though extenuating circumstances (such as a weapon being involved) can extend the order up to five years.

You may also file for an extension of your order of protection before the two-year period is up. You and your attorney will need to show that there is a good reason for this (such as continued threats by the other party), but this can be a helpful way to protect yourself if menacing or illegal behavior has continued or is threatened.

What Are My Options If A Staten Island Court Denies My Request For An Order Of Protection?

If you file for an order of protection and it is denied, you and your attorney have the option to appeal the denial to a higher court. This process can take a while, up to a year or more.

If you are in an unsafe situation, you may also be able to get an order of protection by calling the police, who will decide if there are grounds to arrest the other person. If the police do arrest them, a criminal court will normally issue an order of protection. The case will then be decided by a judge, and this can allow you to get a final order of protection as a result.

Still Have Questions? Ready To Get Started?

For more information on Orders Of Protection In Staten Island, New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.