Orders of protection and family offense cases in New York City

An order of protection can change where you live, whether you see your children and how you communicate with someone, often within days. Nancy Ahern represents people seeking protection and people responding to a family offense petition. She spent years prosecuting domestic violence cases as an Assistant District Attorney in the Bronx and completed a law school fellowship at the Safe Horizon Domestic Violence Law Project, so she understands these cases from every side of the courtroom. She maintains offices in Manhattan and Scarsdale.

If you are in immediate danger, call 911. The New York City Domestic Violence Hotline is 1-800-621-HOPE (4673).

How family offense cases work

A family offense case is a civil proceeding in Family Court, though a protection order can also be issued in Criminal Court or in a divorce action in Supreme Court. It can be brought when the people involved are or were married, have a child together, are related, live together or have an intimate relationship. The conduct alleged can include harassment, stalking, menacing, assault, strangulation and other offenses.

A judge can issue a temporary order of protection at the start of the case, sometimes before the other person has had a chance to respond. A final order can last up to two years, or up to five years when aggravating circumstances are found. The terms can require someone to stay away from a person, their home, school or workplace, to stop all contact, or to leave a shared home.

If you are seeking an order of protection

I can help you decide whether to file, prepare your petition so that it clearly and accurately sets out what happened, and represent you at the hearing. I also look at how the protection order fits with any custody, support or divorce case, so the pieces work together and are not in conflict.

If a petition has been filed against you

Being served with a family offense petition is stressful, and a temporary order may already be in effect. Please do not contact the other person, even if they contact you, until you have spoken with a lawyer. Violating an order of protection can lead to serious consequences, including arrest. I can explain what the order allows and forbids, tell you what to expect at the next court date, challenge the allegations where the facts support it and, where appropriate, negotiate a resolution that avoids a finding.

How an order of protection affects custody

Under New York law, a court deciding custody must consider proven allegations of domestic violence when it weighs a child's best interests. A family offense case can therefore shape a parenting schedule long after the order itself ends. That is why I treat the two cases as connected from the start.

What to expect

A prompt case review. We go through the petition or the incident, any existing orders and what you need to happen next.

Court preparation. I explain each step before you appear and prepare you to testify.

Hearing or resolution. Many cases are resolved by agreement; others go to a hearing. I will tell you plainly which is more likely.

Facing a family offense petition or need protection? Contact either office as soon as possible.