Order Of Protection Lawyer Binghamton NY | SRIS, P.C.
Order Of Protection Lawyer Binghamton NY — What Are Your Rights?
An Order of Protection in Binghamton is a serious court order with immediate legal consequences. Issued under New York Family Court Act § 842, it can restrict your contact, residence, and custody rights. If you have been served, you need an experienced Order Of Protection Lawyer Binghamton NY to defend your rights at your hearing. Law Offices Of SRIS, P.C.
What Is a New York Order of Protection?
In New York, an Order of Protection (often called a restraining order) is a court order designed to prevent harassment, threats, or acts of violence between family or household members. It is a civil order, but violating it is a criminal offense. The order can be issued in Family Court, Supreme Court (as part of a divorce), or Criminal Court following an arrest.
Last verified: April 2026 | Broome County Family Court | New York State Legislature
Official Legal Resources
For the official text of the law, see New York Family Court Act § 842 (official New York State Senate). For local court procedures, visit the Broome County Family Court website.
The Binghamton Court Process for an Order of Protection
The process in Broome County Family Court begins when a petitioner files a petition alleging family offense behavior. A judge can issue a temporary order of protection (TOP) the same day, without the respondent present. A full hearing is then scheduled, typically within a few weeks, where both sides present evidence. The burden is on the petitioner to prove the allegations by a “fair preponderance of the evidence.”
- Receive and Review the Petition: You will be served with court papers detailing the allegations and the date of your hearing.
- Consult an Attorney Immediately: Do not wait. An Order Of Protection Attorney Binghamton NY can advise you on the strengths of the case and your defense strategy.
- Prepare Your Defense: Gather any evidence that contradicts the petition, such as texts, emails, witness statements, or records showing the allegations are false or exaggerated.
- Attend the Hearing: You must appear in Broome County Family Court on the scheduled date. Failure to appear can result in a final order being issued against you by default.
- Present Your Case: Your attorney will cross-examine the petitioner, present your evidence, and argue why a final order is not warranted.
- Await the Judge’s Decision: The judge will either dismiss the petition or issue a final order of protection, which can last for up to two years or more.
Potential Consequences of an Order
In Binghamton, a final Order of Protection can lead to loss of residence, restricted child custody or visitation, and mandatory counseling, with violation being a Class A misdemeanor.
| Potential Restriction | Typical Duration | Direct Impact |
|---|---|---|
| Stay-Away / No Contact | Up to 2 years (can be renewed) | Cannot call, text, email, or be near petitioner’s home/work. |
| Exclusion from Residence | Duration of the Order | Must move out of a shared home, even if you own it. |
| Custody/Visitation Limits | Duration of the Order | Supervised visitation only, or loss of decision-making rights. |
| Firearm Surrender | Duration of the Order | Must surrender all firearms and pistol permits. |
| Violation Penalty | Criminal Charge | Arrest for Contempt, a Class A misdemeanor punishable by up to 1 year in jail. |
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 over 4,739 case results with a favorable outcome rate exceeding 93%. We understand that an Order of Protection case is often about more than the order itself—it’s about protecting your reputation, your home, and your relationship with your children.
Case Results and Client Advocacy
Our approach is to challenge the petitioner’s evidence from the first hearing. We work to show the court that the allegations are unfounded, exaggerated, or made for tactical advantage in a divorce or custody dispute. A strong defense can lead to the petition being dismissed or the terms of the order being significantly limited to protect your rights.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense in Broome County
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (716) 229-4520
By appointment only.
We defend clients throughout Broome County. Our Buffalo location supports representation in Binghamton and the surrounding Southern Tier. We are familiar with the procedures and expectations of the Broome County Family Court. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
Can I get an Order of Protection dropped in Binghamton?
It depends. Only the judge can vacate an order. If the petitioner asks the court to drop it, the judge may agree, but is not required to. If the petitioner does not cooperate, your Order Of Protection Lawyer Binghamton NY can file a motion to dismiss based on lack of evidence.
What happens if I violate an Order of Protection?
You can be arrested and charged with Criminal Contempt, which is a Class A misdemeanor punishable by up to one year in jail. The police are required to arrest you if they have probable cause to believe a violation occurred.
Do I need a lawyer for an Order of Protection hearing?
Yes. The hearing is your one chance to prevent a final order that can last for years and severely impact your life. The petitioner will likely have an attorney. Without your own counsel, you are at a significant disadvantage in cross-examining witnesses and presenting your defense.
Can an order affect my child custody case?
Absolutely. A final order can be used as evidence of unfit behavior in a custody proceeding. It often results in supervised visitation or restricted custody rights. Defending against the order is a direct defense of your parental rights.
How long does a final Order of Protection last?
In Family Court, a final order can last for up to two years. It can be renewed by the petitioner before it expires. In Supreme Court as part of a divorce, it can be of indefinite duration.