Order Of Protection Attorney New York | SRIS, P.C.
Order Of Protection Attorney New York — Defending Against Family Offense Petitions
An Order of Protection in New York County (Manhattan) is a serious Family Court order that can restrict your contact, residence, and custody rights. Issued under the Family Court Act, it carries potential criminal penalties for violations. As an experienced Order Of Protection Attorney New York, Law Offices Of SRIS, P.C.
What Is a New York Order of Protection?
An Order of Protection (also called a restraining order) is a court order issued to prevent acts of family violence, harassment, or disorderly conduct between family or household members. In New York, these orders are governed by the Family Court Act (Article 8) and can be filed in New York County Family Court. A petition can allege a “family offense” such as harassment, disorderly conduct, assault, or menacing. The consequences of an order can be severe, affecting where you live, your ability to see your children, and your firearm rights. Having an Order Of Protection Lawyer New York is critical to handle this high-stakes process.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of the law, review the New York Family Court Act (official NY Senate site). For court forms and procedures, visit the New York City Family Court website.
handling an Order of Protection Case in Manhattan Family Court
The process begins when a petitioner files a Family Offense petition at the New York County Family Court. The court may issue a temporary order of protection ex parte (without you present) on the same day. You will then be served with a notice to appear for a hearing. The burden is on the petitioner to prove the allegations by a “fair preponderance of the evidence.” An experienced Order Of Protection Law Firm New York understands that these cases often involve highly charged emotions and conflicting accounts. We know that in Manhattan Family Court, judges carefully scrutinize petitions for specificity and may dismiss those that are vague or lack sufficient factual allegations.
- Receive and Review the Petition: Carefully analyze the served petition and temporary order. Note the exact allegations, dates, and requested restrictions.
- Prepare for the Initial Appearance: Gather any evidence that contradicts the petition, such as texts, emails, witness statements, or prior court orders.
- Negotiate or Litigate: Explore the possibility of resolving the matter with a consent order without admissions, or prepare for a full evidentiary hearing.
- Present Your Defense at the Hearing: If no agreement is reached, present your case, cross-examine the petitioner, and argue for dismissal.
- Address the Final Order: If an order is issued, ensure you understand all its terms and conditions to avoid unintentional violations.
- Consider Appeals or Modifications: If necessary, file an appeal or a subsequent petition to modify or vacate the order based on changed circumstances.
Potential Outcomes and Ramifications
In New York County (Manhattan), a final Order of Protection can last up to two years, with possible extensions, and may include provisions for stay-away orders, custody, and support.
| Potential Restriction | Legal Basis | Direct Consequence | Collateral Impact |
|---|---|---|---|
| Stay-Away from Home/Work | FCA § 842 | Forced to find alternate housing; cannot go to certain locations. | Disruption of daily life, employment, and family routine. |
| No Contact Directive | FCA § 842 | Cannot call, text, email, or communicate through third parties. | Severely impacts co-parenting and can be used against you in divorce. |
| Firearm Surrender | FCA § 842-a | Required to surrender all firearms and revoke licenses. | Loss of employment for security professionals; permanent record. |
| Custody/Parenting Time Limits | FCA § 842 | Visitation may be supervised or denied. | Creates a negative record for future custody litigation. |
| Violation Penalties | Penal Law § 215.50 | Criminal Contempt charge, a Class A misdemeanor. | Up to 1 year in jail, permanent criminal record. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Order of Protection Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented case results. We understand that an Order of Protection case is not just a legal problem but a deeply personal family crisis. Our approach is direct and strategic, focusing on protecting your rights and achieving the best possible resolution.
Our Record in Family Law Matters
SRIS actively practices in New York family courts. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our experience includes successfully defending clients against family offense petitions, negotiating favorable consent agreements, and securing dismissals where the evidence did not support the allegations.
Results may vary. Prior results do not aim for a similar outcome.
Order Of Protection Attorney New York Serving Manhattan
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
Our New York location serves clients with matters at New York County (Manhattan) courts, accessible via all major subway lines and highways. We are a dedicated Order Of Protection lawyer near Manhattan communities including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Order Of Protection Defense FAQs
Can I get an Order of Protection dismissed in New York?
Yes. An Order Of Protection Attorney New York can seek dismissal by demonstrating the petitioner failed to prove the allegations, the petition is legally insufficient, or the parties have reconciled. Success depends on the specific facts and evidence.
What happens if I violate an Order of Protection in NY?
You can be arrested and charged with Criminal Contempt, a Class A misdemeanor punishable by up to one year in jail. The prosecutor only needs to prove you knowingly violated the order, not that you intended to harm anyone.
How long does an Order of Protection last in New York?
A final order can last up to two years. The court can extend it for good cause. Temporary orders issued at the start of a case remain in effect until the court makes a final decision.
Can an Order of Protection affect my child custody case?
Absolutely. An order that alleges violence or threats can lead to supervised visitation or loss of custody. It is a primary factor in the “best interests of the child” analysis and can severely impact a future custody determination.
Do I need a lawyer for an Order of Protection hearing?
Yes. The stakes are too high to proceed without counsel. An Order Of Protection Lawyer New York knows how to challenge evidence, cross-examine witnesses, and present a legal defense that can protect your rights and your future.
Can I get my firearms back after an Order of Protection ends?
It depends. You must petition the court that issued the order for the return of your firearms. The court will hold a hearing to determine if you pose a risk. Having a lawyer is crucial for this process.
Related Practice Areas: Criminal Defense Lawyer New York County (Manhattan) | Immigration Lawyer New York County (Manhattan)
Also Serving: Kings County (Brooklyn) | Queens County (Queens)
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Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your Order of Protection case.