Clark Peshkin
Domestic Violence & Orders of Protection in New York State
Domestic violence is a serious issue that affects individuals and families across New York. If you or your child is experiencing threats, harassment or abuse, the law provides protection to help ensure your safety and peace of mind. Seeking an Order of Protection through New York Family Court can help prevent further harm and provide legal safeguards against an abusive individual.
Being accused of domestic violence is a serious matter with potentially life-altering consequences, including orders of protection, loss of custody rights and criminal charges. We understand that every case is unique, and we have extensive experience in addressing allegations that arise in contentious family disputes.
Our experienced family law attorneys provide thorough, compassionate, and strong legal advocacy, ensuring that your rights are protected while navigating the complexities of Family Court. We are committed to legally sound results, advocating for those facing allegations while recognizing the serious nature of domestic violence and the legal process that surrounds it.
Whether you are seeking protection from abuse or are defending against serious allegations, our team is dedicated to ensuring your rights and safety are protected. With decades of combined experience, we help individuals and families navigate these complex and sensitive matters with care, discretion, and a commitment to achieving fair and just outcomes.
Understanding Orders of Protection in New York
An Order of Protection is a legally binding court order designed to prevent domestic violence, harassment, stalking, and threats by restricting contact between the parties to the order. These orders can:
- Require one party to stay away from the other party’s home, workplace, or school
- Prohibit communication via calls, texts, emails, or social media
- Grant temporary custody of children and support
- Mandate the surrender of firearms
- Order participation in intervention programs or counseling
Orders of Protection can be obtained in Family Court, Criminal Court, or Supreme Court (during a divorce case). If the parties are married, former spouses, intimate partners, parents of a child in common, or family members by blood or marriage, Family Court is the appropriate venue for filing a Family Offense Petition.
Filing a Family Offense Petition for an Order of Protection
1. Filing the Petition
A Family Offense Petition is filed in Family Court, detailing the incidents of abuse or threats. You do not need police involvement to file this petition in Family Court.
2. Emergency (Temporary) Order of Protection
The court may issue a Temporary Order of Protection the same day you file your petition, offering immediate protection while the case is pending.
3. Court Hearing & Evidence Presentation
A hearing will be scheduled, during which:
- The person who filed the petition can present evidence — such as texts, emails, medical records, or witness testimony.
- The accused individual can respond and present their own evidence.
4. Issuance of a Final Order of Protection
If the court finds sufficient evidence, it will issue a Final Order of Protection, which may last up to five years, depending on the severity of the allegations.
5. Enforcing an Order of Protection
If the order is violated, law enforcement can make an arrest, and the violation can lead to criminal charges.
Client Testimonials & Educational Resources
Client Testimonials
Interested in how we have successfully helped clients navigate domestic violence issues and secure orders of protection? Visit our Client Testimonials page to read first hand stories from those we have supported.
Explore Our Blog
Want to learn more? Our Blog provides clear, practical insights on all aspects of divorce and family law, covering topics such as domestic violence, orders of protection, and other critical family law issues.
Convenient Office Locations Across Upstate New York
Clark Peshkin proudly serves clients throughout Western and Central New York, providing local support from three centrally located offices:
Buffalo Office:
Serving Erie County and Western New York
716.354.1611
Rochester Office:
Serving Monroe County and surrounding communities
585.565.6299
Syracuse Office:
Serving Onondaga County and Central New York
315.895.5979
Schedule Your Consultation
If you need to file for an order of protection or seek legal guidance regarding an order of protection issued against you, we are here to stand by your side and fight for your rights and safety. Contact us today to schedule a confidential consultation.