If you experience abuse from someone you’re in a relationship with, family law grants you the right to protection. When domestic violence is involved, a judge will grant you an order of protection. As proceedings can vary from state to state, learn more about the process for New York residents in this guide.

How Can You Get an Order of Protection?

The first step is to file an offense petition with family court. To file the petition, you must be the victim of domestic violence. The abuser must be someone you’re in an “intimate partner relationship” with, such as a current or former spouse, blood or non-blood relative, co-parent, or romantic partner. 

In the petition, you must include the other person’s name and both of your addresses, unless you’d rather use an affidavit to keep your location confidential for safety reasons. You must also disclose the nature of your relationship and a detailed account of the abuse or crime that occurred. You then outline your requests, such as having the other party move out of a shared home or keep their distance.

How Does the Hearing Process Work?

After filing a family offense petition, you attend a hearing with a family law judge assigned to the case. This is a chance for you and your attorney to tell your version of the events without the other party present.

With this information, the judge decides whether to grant you a temporary order of protection. In a domestic violence case, the order remains in effect until the next court appearance. Until the matter is resolved, the court can keep extending the order.   

What Happens to the Abuser Who Gets an Order of Protection?

The sheriff’s office, police department, or a family member or friend over the age of 18 can serve the order of protection notice to the other party. You then receive a signed letter informing you that the order of protection was delivered. The person who served the order must fill out the form and have it notarized. You must bring this form to your next court appearance.  

The order of protection goes into effect as soon as the respondent receives it. If they violate the order and create a dangerous situation, you can call the police to have them arrested. Otherwise, you can go to the local precinct or family court and let the authorities know that the person violated the order.

For help filing a petition with family court, contact John D. Wieser Esq., PC in Rochester, NY. Serving Monroe County, this attorney has been assisting clients with family law matters since 2001. He and his staff of legal professionals take great care and attention with each situation, focusing on the details so you don't have to. Learn more about their work with family law online, and call (585) 328-0660 for a consultation. Keep up with announcements on Facebook.