🛡️ New York Orders of Protection

I represent clients throughout New York seeking or defending against orders of protection (commonly known as restraining orders). Whether you are seeking immediate protection from domestic violence, harassment, stalking, or abuse—or have been served with an order of protection—I provide strategic representation at every stage of the proceeding.

What Is an Order of Protection?

An order of protection is a legal document issued by a court that prohibits one person from engaging in certain conduct against another person. It is designed to protect victims of domestic violence, harassment, and abuse.

What an Order of Protection Can Do?

- Order the respondent to refrain from committing family offenses
- Order the respondent to stay away from the petitioner, the petitioner's home, school, and place of employment
- Order the respondent to refrain from communicating with the petitioner
- Order the respondent to surrender firearms
- Order the respondent to pay medical expenses or other costs incurred
- Order temporary custody and child support

Types of Orders of Protection

Family Court Order of Protection

Issued in Family Court as part of a family offense proceeding. These orders can be granted to victims of domestic violence, including:

- Spouses and former spouses
- Parents and children
- Siblings
- Persons related by blood or marriage
- Persons in an intimate relationship
- Persons living together

Criminal Court Order of Protection

Issued in Criminal Court as part of a criminal proceeding. These orders are typically issued when someone is arrested for a crime involving domestic violence.

Temporary Order of Protection

A temporary order of protection is issued before a full hearing and remains in effect until the hearing. It is designed to provide immediate protection.

Final Order of Protection

A final order of protection is issued after a hearing. It typically remains in effect for up to five years.

Who Can Obtain an Order of Protection?

In New York, orders of protection are available to victims of:

- Domestic violence
- Harassment
- Stalking
- Menacing
- Sexual assault
- Child abuse

Representing Victims

If you are a victim of domestic violence, harassment, or abuse, I can help you:

- File a petition for an order of protection
- Prepare your case for a hearing
- Represent you at the hearing
- Enforce the order if it is violated

Representing Respondents

If you have been served with an order of protection, I can help you:

- Understand the terms of the order
- Prepare a defense to the allegations
- Represent you at the hearing
- Seek modification or termination of the order

Enforcement and Violation of Orders

Violation of an order of protection is a serious offense. It can result in:

- Contempt proceedings (civil)
- Criminal charges (criminal contempt)
- Fines and imprisonment
- Possible loss of custody or visitation rights

Orders of Protection and Custody

In New York, proof of domestic violence is a factor that courts must consider when determining custody. Evidence that one parent has committed domestic violence against the other parent, especially in the presence of the child, will affect a custody award.

Fee Arrangements

Orders of protection matters are generally billed on an hourly, flat-fee, phased, or hybrid basis, depending on the complexity of the matter, procedural posture, and anticipated scope of representation. All fee arrangements, anticipated costs, and the scope of representation are discussed during the initial consultation and confirmed in a written retainer agreement.

Initial Consultation

An initial consultation is $300 for up to one hour. The consultation fee is non-refundable. If I accept your matter and you sign a retainer agreement, I may, in my discretion, credit some or all of the consultation fee toward future legal services.

Legal services available in English, Russian, and German.