orders of protection

Experienced & Affordable Manhattan Orders of Protection Lawyer

(347) 461-0760  •  Office at 90 Broad Street, 3rd Floor, New York, NY 10004

At a Glance

Orders of Protection in Manhattan Family Court protect people from threats, abuse, and harassment by family members, former partners, or others in an “intimate relationship.” Cases can move quickly and carry serious consequences—including loss of home access, arrest for violations, or effects on custody rights. Whether you are the petitioner seeking protection or the respondent defending against allegations, you need a lawyer who understands Manhattan’s unique Family Court procedures, local judges, and courtroom pace.

What Is an Order of Protection?

An Order of Protection—sometimes called a restraining order or stay-away order—is a court order meant to stop threats, violence, or harassment. In New York Family Court, these orders can be issued even if no criminal charges or divorce case is pending.

Orders can:

  • Require one person to stay away from another person’s home or job.
  • Prohibit all communication or allow only limited, peaceful contact.
  • Require surrender of firearms or attendance at counseling programs.
  • Include temporary child or spousal (marital) support provisions ordered by a judge (not a Support Magistrate).

Who Can File in Family Court?

The Family Court in New York County (Manhattan) hears “family-offense” petitions when the parties are:

  • Related by blood or marriage,
  • Parents of a child in common,
  • Members of the same household, or
  • People in an intimate relationship (e.g., dating partners or former partners).

There is no filing fee, and interpreters are available for all major languages. Each courthouse has a Self-Help Center where pro-se litigants can get brief free consultations. Most people still benefit from private representation—especially in contested hearings or cases involving cross-petitions.

How Do You Start a Case?

A case begins with a Family Offense Petition filed in the petition room at Manhattan Family Court. A clerk can help draft it and notarize signatures. The petition must allege that the respondent committed one or more family offenses (specific crimes), such as:

  • Assault / Attempted Assault
  • Menacing or threats
  • Harassment (including phone/text harassment)
  • Stalking / Cyberstalking
  • Strangulation / Obstruction of Breathing
  • Destruction of property

After filing, the judge usually issues a temporary order and a summons for the respondent to appear. Service can be made by anyone 18 or older other than the petitioner, though many use a process server or the NYC Sheriff’s Office (free if the respondent lives in the city).

If the parties live together, the judge may issue an ex parte exclusion order removing the respondent from the home until the next court date. The respondent will later have an opportunity to contest it at a hearing.

What Kinds of Orders Can the Court Grant?

  • Full Stay-Away Order: No contact of any kind.
  • Limited Order: Contact allowed only for specific reasons (e.g., child exchange).
  • No-Offensive-Conduct Order: Contact permitted but no threats, violence, or harassment.
  • Exclusion Order: Removes a respondent from the shared home.
  • Child Protective Order: Extends protection to minor children.

Final orders usually last two years. With aggravating circumstances (serious injury, weapon use, etc.), terms can be up to five years.

What Evidence Matters Most in Manhattan Family Court?

Because Family Court is a civil court, the standard of proof is preponderance of the evidence, not the higher criminal standard. Strong evidence can include:

  • Witness testimony from people who saw or heard the conduct,
  • Photos/videos of injuries or property damage,
  • Medical records and police reports,
  • Texts, emails, or voicemail messages showing threats or harassment.

A petitioner can win even without third-party witnesses if the testimony is detailed and credible.

What Happens During the Trial?

There is no jury—just a judge. Each side may make an opening statement, call witnesses, present evidence, and cross-examine. Closing statements summarize why the order should or should not be granted. Manhattan judges expect organized presentations and focused examinations.

How Do Orders of Protection Affect Other Cases?

  • Custody & Visitation: Proven abuse must be considered in custody/visitation decisions.
  • Child Support: A judge may add a temporary support order within an OOP case.
  • Marital Support: Family Court can order temporary maintenance without a divorce filing.
  • Immigration: Findings can affect non-citizens, including green card holders.
  • Criminal Overlap: Family and Criminal Court cases can run in parallel; silence in Criminal Court can’t be used against a defendant, but in Family Court a respondent’s refusal to testify can lead to an adverse inference.

What If the Order Is Violated?

All Orders of Protection—temporary and final—are in a statewide registry accessible to law enforcement.

  • Family Court Violation Petition: Civil contempt; up to six months jail per violation (rare).
  • Criminal Court Prosecution: Misdemeanor or felony; serious cases can mean multi-year sentences.

NYC Police must arrest on probable cause of a violation. Even a single text can trigger arrest if a full stay-away order is in place.

How Are Cases Handled in Manhattan Specifically?

  • Most matters are handled in person (unlike Staten Island, where many parts remain virtual).
  • The petition room is busy but well-staffed; clerks and interpreters are helpful.
  • Hearings move quickly—organize documents before arrival.
  • Support issues tied to OOPs stay within Manhattan’s jurisdiction when filed there.

What If You Need to Appeal or Modify an Order?

If you disagree with a final decision, you generally have 30 days from service with notice of entry to file a Notice of Appeal. Orders can be modified before they expire if both parties consent or if there’s a material change in circumstances. Appellate courts defer to Family Court on credibility, so building a strong record at trial matters.

What If You’re the Respondent?

Even a temporary order can affect housing, employment, and gun rights. Avoid all contact with the petitioner and let a lawyer communicate for you. I represent many respondents facing cross-petitions or false allegations. The goal is to protect your record, present evidence clearly, and avoid findings that follow you for years.

What Resources Exist for Victims in Manhattan?

  • Safe Horizon (near Manhattan Family Court)
  • Sanctuary for Families – legal services and shelters
  • NYC Family Justice Center – Manhattan
  • Legal Aid Society Domestic Violence Unit

These groups offer safety planning, counseling, and sometimes pro bono representation. Private counsel often provides greater continuity through trial and appeal.

Key Takeaways

  • Orders of Protection can be filed and heard entirely within Family Court—no criminal case is required.
  • Judges can add temporary child or spousal support within these cases.
  • Violations carry serious civil and criminal consequences.
  • Manhattan’s Family Court has its own rhythm—local experience matters.
  • Whether you need protection or defense, experienced representation saves time and stress.

Contact the Manhattan Office

If you need help with a Family Court Order of Protection—either as petitioner or respondent—call (347) 461-0760 for a consultation.

Meetings by phone or in person at 90 Broad Street, 3rd Floor, New York, NY 10004.

Paul W. Matthews, Esq.
Family Law Attorney | 25 Years Trial and Appellate Experience | Serving Manhattan and Staten Island

Paul W. Matthews, Esq.
Attorney at Law
90 Broad Street, 3rd Floor
New York, NY 10004
Phone: (347) 461-0760
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