Order Of Protection Lawyer New York City NY | SRIS, P.C.
Order Of Protection Lawyer New York City NY — What Are Your Rights?
An Order of Protection in New York City is a serious court order that can restrict your contact with family members and impact child custody, housing, and your record. Law Offices Of SRIS, P.C. provides immediate defense for respondents. As an Order Of Protection Lawyer New York City NY, we understand the urgent procedures in NYC Family and Criminal Courts.
What Is a New York Order of Protection?
An Order of Protection, often called a restraining order, is a court order issued to prevent acts of harassment, threats, or violence. In New York, these orders are governed by the Family Court Act and the Criminal Procedure Law. They can be issued in Family Court (involving family or household members) or Criminal Court (following an arrest). The order may impose various restrictions, such as requiring you to stay away from the petitioner, their home, school, or workplace, and can include provisions regarding child custody and support.
Last verified: April 2026 | New York City Family & Criminal Courts | New York State Legislature
Official Legal Resources
For the official text of the law, refer to New York Family Court Act Article 8 (official New York State Senate). For court forms and procedures, visit the New York State Unified Court System website.
handling an Order of Protection Case in NYC Courts
The process for an Order of Protection in New York City moves quickly. A temporary order can be issued ex parte (without you present) based on a petitioner’s allegations. You will then receive notice of a full hearing, typically within a few days or weeks, where you have the right to present evidence and cross-examine witnesses. The specific court—whether it’s the Bronx Family Court, Manhattan Criminal Court, or another borough—has its own procedural nuances and judicial preferences that can significantly affect the outcome.
- Receive and Review the Petition: Carefully examine the petition and temporary order for allegations, conditions, and the hearing date. Do not violate any terms.
- Consult an Order Of Protection Attorney New York City NY: Contact an attorney immediately to prepare your defense strategy and evidence collection.
- Prepare for the Hearing: Gather all relevant evidence, including texts, emails, witness statements, and your own timeline of events.
- Attend the Full Hearing: Present your case, cross-examine the petitioner, and argue for the dismissal or modification of the order.
- Address Violation Allegations: If accused of violating an order, seek legal counsel before making any statements to the court or police.
Potential Consequences of an Order of Protection
In New York City, an Order of Protection can lead to loss of housing, restricted parental access, and criminal penalties for violations.
| Potential Impact | Description | Legal Context |
|---|---|---|
| Custody & Visitation | The order can suspend or severely restrict your parenting time and decision-making rights. | Family Court Act |
| Housing Displacement | You may be ordered to vacate a shared residence, even if you are the leaseholder or owner. | Order of Protection Terms |
| Criminal Charge for Violation | Violating an order is a criminal offense, potentially a Class A misdemeanor punishable by up to a year in jail. | N.Y. Penal Law § 215.50 |
| Firearms Restrictions | You will be prohibited from purchasing or possessing firearms and may be required to surrender any you own. | Federal & State Law |
| Employment & Reputation | The order is a public record and can affect professional licenses, security clearances, and public standing. | Collateral Consequences |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with NYC Family Law Matters
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a focused approach to family law defense in New York. We understand that an Order of Protection is not just a piece of paper; it is a life-altering legal action that requires a prompt and strategic response. Our team is prepared to defend your rights in court.
Legal Defense for Your Rights
If you are served with an Order of Protection in New York City, taking immediate action is essential. We defend respondents by challenging insufficient evidence, presenting counter-narratives, and negotiating for modified terms that minimize disruption to your life and family. We approach each case with the goal of protecting your rights, your home, and your relationship with your children.
Results may vary. Prior results do not aim for a similar outcome.
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: (838) 292-0003
By appointment only.
Our New York location serves clients across New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. 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 dismissed in NYC?
Yes. At the full hearing, you can present evidence and arguments to show the allegations are false, exaggerated, or do not meet the legal standard for harassment or threats. An experienced Order Of Protection Law Firm New York City NY can help you build this defense.
What happens if I violate an Order of Protection?
It depends. A violation can lead to arrest and criminal charges for Criminal Contempt, which is a serious offense. The penalties depend on the nature of the violation and your history. Any contact, even indirect, can be considered a violation, so strict compliance is critical.
How long does an Order of Protection last in New York?
A final order can last up to two years, but the court can issue extensions. In cases involving aggravating circumstances, an order can be issued for up to five years. The duration is set by the judge at the final hearing based on the circumstances presented.
Can an Order of Protection affect my child custody case?
Yes. Family Court judges consider active orders when making custody and visitation decisions. An order can be used to argue that your access should be restricted or supervised. Defending against the order is often a necessary first step in protecting your parental rights.
Do I need a lawyer for an Order of Protection hearing?
It is highly advisable. The procedures are formal, the rules of evidence apply, and the consequences of losing are severe. An Order Of Protection Lawyer New York City NY can cross-examine witnesses, object to improper evidence, and present a legally sound argument on your behalf.