The moment domestic violence enters a relationship, the legal questions multiply fast. Where do you file? Do you call the police? What happens to the custody case that’s already pending? Does an order of protection actually keep someone away? At Roven Law Group, these cases come in at every stage, sometimes before any other family law matter has been filed, sometimes in the middle of an active divorce. The procedural choices made in the first 48 hours often shape the next two years of litigation, and most people don’t have the time or context to think through those choices when they need to most.
Here’s how orders of protection actually work in New York City, the difference between the family and criminal court routes, and how a protective order interacts with custody and divorce proceedings.
Two Court Systems, Two Different Paths
An order of protection in New York can be obtained through either Family Court or Criminal Court, and the two systems operate independently. The same incident can support proceedings in both venues simultaneously.
Family Court orders are civil. The petitioner files directly, without involvement from the police or the District Attorney. The case proceeds as a “family offense” petition under Family Court Act Article 8. Family Court can issue temporary orders the same day the petition is filed, and the proceeding is run by the petitioner and their attorney, not by a prosecutor.
Criminal Court orders are tied to a criminal case prosecuted by the District Attorney. They get issued as a condition of release after an arrest. The petitioner becomes a complaining witness, not a party with control over the case. The DA decides whether to prosecute, what charges to file, and whether to ultimately offer a plea or proceed to trial.
The practical difference matters. A Family Court order can be sought without an arrest having occurred. A Criminal Court order requires the police to have made an arrest and the DA to have brought charges. In Manhattan and the Bronx, the police make arrests in domestic incidents under New York’s mandatory arrest policy when probable cause exists for certain offenses, but not every incident reaches that threshold.
Who Can File in Family Court
Family Court jurisdiction over family offense petitions is defined by FCA § 812. The petitioner and respondent need to have a qualifying relationship:
- Current or former spouses
- People who have a child in common, regardless of marital status
- Family members related by blood or marriage
- People who are or have been in an “intimate relationship,” which the statute defines broadly enough to cover dating relationships, including same-sex partnerships
The intimate relationship category catches a lot of cases that wouldn’t fit the older statutory definitions. Courts look at the frequency of contact, the length of the relationship, and the nature of the interactions rather than requiring cohabitation or a formal label.
What Conduct Qualifies as a Family Offense
The petition has to allege specific conduct that constitutes one of the enumerated family offenses under FCA § 812. The list draws from the Penal Law and includes:
- Assault in the second and third degrees
- Aggravated harassment in the second degree
- Stalking in the first, second, third, and fourth degrees
- Menacing
- Reckless endangerment
- Criminal mischief
- Sexual misconduct, forcible touching, sexual abuse
- Strangulation, criminal obstruction of breathing or blood circulation
- Coercion in the second and third degrees
- Identity theft
The petition needs to plead facts, not just labels. A judge reviewing an ex parte petition for a temporary order wants dates, locations, specific conduct, and any corroborating evidence the petitioner has. Vague allegations of “harassment” without underlying facts often get temporary orders denied or limited.
What the Order Actually Does
A full order of protection in New York can include any combination of the following:
- A “stay away” provision requiring the respondent to stay away from the petitioner’s home, workplace, school, and the children
- A “no contact” provision prohibiting all communication, including through third parties or social media
- An order to refrain from specified conduct like harassment, intimidation, or threats
- Exclusion from a shared residence, even when the respondent is on the lease or deed
- Surrender of firearms and a prohibition on possessing them during the order
- Custody, visitation, and child support provisions
- Counseling or batterer’s intervention program requirements
Temporary orders are typically issued the same day the petition is filed and last until the next court appearance. Final orders, issued after a fact-finding hearing or on consent, can last up to two years, or up to five years where the court finds aggravating circumstances.
How an Order of Protection Affects Custody and Divorce
This is the piece that surprises people. A family offense finding doesn’t just sit in its own silo. It feeds directly into any pending or future custody case under DRL § 240(1)(a), which requires the court to consider domestic violence in determining the best interests of the child. A finding of domestic violence is one of the few specific factors the statute calls out by name.
The interaction with a divorce case is more procedural but just as significant. A temporary order excluding one spouse from the marital residence can effectively decide who keeps the apartment for the duration of the divorce. An order limiting contact with the children shifts the practical custody arrangement well before any custody motion is decided. Parties who think a family offense petition is separate from their divorce often find out the hard way that the two cases are running on parallel tracks and feeding into each other.
A few practical realities Roven Law Group sees repeatedly:
- An order of protection in favor of one parent rarely cuts off all parenting time with the children, but it does typically restructure how exchanges happen, often requiring a third-party intermediary or a public location
- Violations of orders carry criminal contempt exposure, and Manhattan and Bronx prosecutors take these cases seriously
- Recanting after a petition is filed is its own problem; the case doesn’t necessarily go away just because the petitioner wants it to
Filing Considerations Specific to NYC
In Manhattan, family offense petitions are filed at the New York County Family Court at 60 Lafayette Street. The Bronx, Brooklyn, Queens, and Staten Island each have their own Family Court locations. Petitions can typically be filed the same day, and intake procedures are designed to handle emergencies.
Petitioners should bring photo identification, any photographs documenting injuries or property damage, screenshots of threatening communications, police reports if any have been filed, medical records, and the names of any witnesses. The more documentation in the initial filing, the stronger the petition for a temporary order.
How Roven Law Group Handles These Cases
Family offense and order of protection work requires moving quickly without sacrificing the documentation that makes a final order survive a hearing. Janice G. Roven has been handling these matters for NYC clients for more than 35 years, including cases that run alongside contested custody proceedings and high-conflict divorces across all five boroughs. The firm represents both petitioners seeking protection and respondents facing petitions, and the strategy on each side starts with a careful read of the actual conduct alleged and the supporting evidence available.
For readers who want the underlying authority, FCA Article 8 sets out the family offense framework and the New York State Office for the Prevention of Domestic Violence at opdv.ny.gov publishes resources for petitioners.
The Bottom Line
Orders of protection are powerful, immediate, and consequential, and they don’t operate in isolation from custody, divorce, or criminal proceedings that may already be in motion. Whether you need to seek an order or you’re facing one, the early decisions shape what happens next. To talk through your options and the procedural path that fits your situation, schedule a consultation with Roven Law Group.
If you are in immediate danger, call 911. The NYC Domestic Violence Hotline is available 24/7 at 800-621-HOPE (4673).
