Suffolk County Order of Protection Lawyer

New York Restraining Order Lawyer

In New York an order of protection, sometimes referred to as an “OP”, is a court order from a judge that restricts the relationship and contact between two or more people. It is commonly known as a “restraining order.” It can be used to prevent domestic violence. In Suffolk County, orders of protection are issued by the Family Court in Central Islip, the Supreme Court in Central Islip (during divorce cases), or by a criminal court.

A refrain from order of protection allows the respondent to continue residing in the same household as the petitioner but prohibits specific conduct such as assault, harassment, menacing, intimidation, and threats. The respondent is not required to vacate the home. This type of order is common in situations where both parties share a residence and have children, and where the court determines that the respondent does not pose an imminent physical threat but needs clear boundaries on behavior. Violating even a refrain from order is a serious matter that can result in arrest and criminal contempt charges under New York Penal Law Section 215.50 or Section 215.51.

How to Obtain a New York Order of Protection or Restraining Order in Family Court

An Order of Protection can be obtained in the New York Family Court, the person seeking the order must file a petition alleging that the respondent has committed a Family Offense. An Order of Protection can be obtained in the New York Family Court. For Suffolk County residents, this means filing a petition at the Suffolk County Family Court in either Central Islip or Riverhead.

A full stay away order of protection requires the respondent to have no contact whatsoever with the petitioner. This includes in-person contact, phone calls, text messages, emails, social media messages, and contact through third parties. The respondent may be excluded from the marital residence, the petitioner’s workplace, the children’s schools, and any other locations specified by the court. A stay away order can have immediate and significant consequences for custody and parenting time, which is why respondents served with this type of order should consult with a family law attorney before their court appearance.

Restraining Order vs Order of Protection in New York

New York does not issue “restraining orders” in the traditional sense used by many other states. Instead, New York courts issue orders of protection through Family Court (under Article 8 of the Family Court Act) or through Criminal Court as part of a pending criminal case. The terms are often used interchangeably by non-lawyers, but the legal mechanism in New York is an order of protection. A Supreme Court handling a divorce case can also issue an order of protection as part of the matrimonial proceedings.

What is a Family Offense?

Family Offenses are defined in § 812 of New York’s Family Court Act.

• disorderly conduct
• harassment in the first or second degree
• aggravated harassment in the second degree
• sexual misconduct
• forcible touching
• sexual abuse in the second or third degree
• stalking in the first, second, third or fourth degree
• criminal mischief
• menacing in the second or third degree
• reckless endangerment
• criminal obstruction of breathing or blood circulation
• strangulation in the first or second degree
• assault in the second or third degree or an attempted assault

Who is Eligible to Petition for an Order of Protection in Family Court?

The petitioner and respondent must be:

• Married or formerly married couples
• Persons who share a child in common
• Parent and child
• Members of the same family or household related by blood or marriage
• Persons currently in or formerly in an intimate relationship, which does not require a sexual relationship and is determined by factors such as the length of the relationship, the frequency of contact, and how recently the relationship existed

Types of Orders of Protection in New York

Generally, there are two varieties or types of Orders of Protection.

• A “stay away” order of protection. This requires the Respondent to stay away from the Petitioner’s home, place of business and any other location or restriction the court may include. This can exclude the Respondent from the marital residence.
• A “refrain from” order of protection. This prohibits the Respondent from abusing, harassing or threatening the Petitioner.

What Happens at an Order of Protection Hearing in Suffolk County

When a petition for an order of protection is filed in Suffolk County Family Court, the court will typically issue a temporary order of protection on the same day. The temporary order remains in effect until the next court date, when the respondent has an opportunity to appear and be heard.

At the hearing, the petitioner must prove by a preponderance of the evidence that the respondent committed one or more family offenses. Both sides may present testimony, documents, photographs, text messages, and other evidence. The court may also hear from witnesses. If the petitioner meets the burden of proof, the court may issue a final order of protection for a duration of up to two years (or up to five years in certain aggravated circumstances under the Family Court Act).

Our firm represents clients on both sides of this process. For petitioners, we help gather and present evidence to obtain protection. For respondents, we prepare a defense and work to prevent or limit the scope of the order.

Orders of Protection in Suffolk County Divorce Cases

An order of protection often intersects with a pending divorce. Suffolk County Supreme Court has the authority to issue an order of protection as part of a matrimonial action, and a party may simultaneously hold orders from both Supreme Court and Family Court. When an order of protection is issued during a divorce, it can affect where the parties live, how and whether they communicate about the children, and the overall tone and trajectory of the litigation.

A stay away order during a divorce may exclude one spouse from the marital residence, which can influence temporary custody arrangements and child support calculations. It may also affect relocation decisions if the respondent must find alternative housing and wants to move outside Suffolk County. Our firm handles both the order of protection proceedings and the underlying divorce, which allows us to coordinate strategy across both matters and avoid conflicting positions.

In some cases, a spouse files for an order of protection not because of genuine fear for safety but as a tactic to gain a strategic advantage in the divorce. A stay away order can force the other spouse out of the home, limit contact with the children, and create a lopsided status quo that becomes difficult to reverse. While legitimate orders of protection serve a necessary purpose, our firm takes false or exaggerated claims seriously and works to expose them through cross-examination, inconsistencies in the petitioner’s testimony, and the absence of corroborating evidence.

Consequences of Violating an Order of Protection in New York

An order of protection is a court order, and violating any of its terms is a criminal offense. A first violation may be charged as criminal contempt in the second degree under New York Penal Law Section 215.50, a Class A misdemeanor punishable by up to one year in jail. A second violation within five years, or a violation that involves physical contact or property damage, may be charged as criminal contempt in the first degree under Penal Law Section 215.51, a Class E felony punishable by up to four years in state prison.

Violations can take many forms beyond physical contact. Sending a text message, making a phone call, appearing at the petitioner’s workplace, or asking a friend or family member to deliver a message on your behalf can all constitute violations of a stay away order. Even responding to contact initiated by the petitioner can result in arrest and prosecution. Only the court has the authority to modify or dismiss an order of protection; the petitioner does not have the power to waive it.

For respondents, the stakes extend beyond criminal penalties. A violation can be used against you in a pending custody case, a divorce proceeding, or a spousal maintenance determination. If you have been served with an order of protection, it is in your best interest to comply fully with its terms and to consult with a family law attorney about how the order may affect your rights.

Defense Against False Claims

Defense Against False or Exaggerated Orders of Protection

Orders of protection exist to protect victims of domestic violence, and we take all genuine safety concerns seriously. However, our firm also represents respondents who have been served with orders of protection based on false or exaggerated allegations. In our experience, this occurs most often in the context of contentious divorce and custody cases, where one party files a family offense petition to gain a tactical advantage rather than out of a genuine need for protection.

The consequences of a false order of protection are severe for the respondent. Even a temporary order issued on the day of filing, before the respondent has any opportunity to be heard, can result in exclusion from the marital home, separation from children, and damage to professional reputation. If the respondent holds a professional license, a firearm permit, or a security clearance, an order of protection can jeopardize their livelihood.

Our defense strategy focuses on the specific facts of each case. We examine the timing of the petition relative to divorce or custody filings, review text messages and communications that may contradict the petitioner’s claims, identify inconsistencies between the petition and the petitioner’s testimony, and present evidence of motive to fabricate. At the hearing, we cross-examine the petitioner and any witnesses, challenge the sufficiency of the evidence, and argue for dismissal or the issuance of a mutual refrain from order rather than a full stay away order where the facts support it. If you have been served with an order of protection in Suffolk County and believe the allegations are false, contact us immediately so we can begin preparing your defense before the hearing date.

Suffolk County Order of Protection Lawyer

We understand the importance of having a skilled attorney who is familiar with the New York restraining order process. Our office at 330 Motor Parkway in Hauppauge is approximately ten minutes from the Suffolk County Family Court in Central Islip, which allows us to file emergency petitions and attend hearings on short notice. At the Law Office of Louis L. Sternberg, we specialize in handling cases related to domestic violence and restraining orders in Suffolk County. If you or a loved one has been a victim of threats or harm, it is crucial that you reach out to us to discuss obtaining an order of protection. We are also well-equipped to assist you if you have been wrongly served with an order of protection and need assistance in having it lifted. Our team is committed to providing effective legal guidance and strong advocacy to ensure the best possible outcome for your case.

Contact us now to discuss your Nassau or Suffolk order of protection. Our team of experienced Suffolk County lawyers represent and assist clients with all aspects of domestic violence cases. Get in touch with us through our online intake form or by phone at (631) 600-3295 to schedule a same day consultation with a top Long Island Order of Protection Lawyer.

Frequently Asked Questions About Orders of Protection

What is the difference between a restraining order and an order of protection in New York?

New York does not issue “restraining orders” in the way that many other states do. Instead, New York courts issue orders of protection through Family Court under Article 8 of the Family Court Act, through Criminal Court as part of a pending criminal case, or through Supreme Court during a divorce. The terms are used interchangeably in everyday conversation, but the legal instrument in New York is an order of protection.

What is a refrain from order of protection?

A refrain from order of protection prohibits the respondent from specific conduct such as assault, harassment, menacing, and threats, but does not require the respondent to leave the shared residence or avoid all contact with the petitioner. The parties may continue to live in the same home under the terms of the order. Violating even a refrain from order is a serious matter that can result in arrest and criminal contempt charges.

What is a stay away order of protection?

A stay away order, also called a full order of protection, requires the respondent to have no contact with the petitioner and to stay away from the petitioner’s home, workplace, children’s schools, and any other locations the court specifies. The respondent may be excluded from the marital residence regardless of whose name is on the deed or lease. A stay away order can have immediate consequences for custody and parenting time.

How do I get an order of protection in Suffolk County?

You file a family offense petition in Suffolk County Family Court in Central Islip. The court will typically issue a temporary order of protection the same day the petition is filed. A hearing is then scheduled where both the petitioner and the respondent can present evidence, testimony, and witnesses. An experienced order of protection attorney can help you prepare and present your case.

Can an order of protection be issued during a divorce?

Yes. Suffolk County Supreme Court can issue an order of protection as part of a pending divorce action. The order can address conduct, residence exclusion, and contact restrictions while the divorce is ongoing. A party may also file a separate family offense petition in Family Court while the divorce proceeds in Supreme Court.

What happens if someone violates an order of protection in New York?

Violating an order of protection can result in arrest and criminal contempt charges under New York Penal Law Sections 215.50 and 215.51. Consequences may include fines, probation, or incarceration. The respondent can be charged with a violation even if the petitioner initiates the contact. Only the court can modify or vacate an order of protection; the petitioner cannot waive it.