Orders of Protection Attorney in Buffalo & Williamsville, NY
When safety is the issue, speed matters. We move quickly to secure protection for our clients — and provide an equally firm defense when an order has been sought unfairly.
Orders of Protection in New York Family Law
An Order of Protection (OP) is a court order directing one person to refrain from specific conduct toward another person. In the family law context, orders of protection are typically issued by Erie County Family Court under Article 8 of the Family Court Act (Family Offense Proceedings) or by the Criminal Court as a condition of a criminal case. The two courts operate independently, and an order from one does not replace or negate an order from the other.
Katrina Loss brings specific expertise in family offense and domestic violence proceedings from her law school clinical training in the Family Violence and Women’s Rights Clinic. She understands these proceedings from both the petitioner’s and respondent’s perspective.
Family Offenses Under New York Law
Family Court jurisdiction over orders of protection requires an underlying “family offense” as defined by Family Court Act §812. These include:
- Disorderly conduct
- Harassment (first and second degree)
- Aggravated harassment
- Menacing
- Reckless endangerment
- Assault or attempted assault
- Stalking
- Sexual misconduct and related offenses
- Strangulation (first and second degree)
- Criminal mischief
The offense must be committed by a member of the petitioner’s family or household, which includes current and former spouses, persons who share a child, and persons who were in an intimate relationship.
Types and Duration of Orders
Temporary Order of Protection (TOP): Issued on an emergency, ex parte basis (without the respondent present) on the day the petition is filed, if the petitioner demonstrates immediate risk of harm. A TOP is effective immediately and remains in place until the next court date.
Final Order of Protection: Issued after a hearing or upon settlement. In Family Court, a final order can last up to 2 years after a finding of a family offense, and up to 5 years if the offense involved aggravated circumstances (weapon use, serious physical injury, violation of a prior OP, or strangulation).
The order may direct the respondent to:
- Refrain from assault, harassment, menacing, intimidation, threatening, or interference with the petitioner
- Stay away from the petitioner’s home, school, workplace, or place of worship
- Vacate a shared residence
- Refrain from possessing firearms
- Observe conditions on communication (no contact, limited contact for custody exchanges only)
What Happens When an Order Is Violated
A violation of an Order of Protection is a serious matter. The petitioner can:
- Call law enforcement, who are required to arrest if they have probable cause to believe the order was violated
- File a violation petition in Family Court for contempt
- Report the violation to the District Attorney for criminal prosecution under Penal Law §215.50 (criminal contempt)
Aggravated criminal contempt (intentional violation involving physical injury) is a Class E felony. We help clients document violations and pursue enforcement through the appropriate legal channels.
When You Are the Respondent
Not every order of protection petition is filed in good faith. In contested custody cases, OPs are sometimes sought as a tactical maneuver rather than a genuine safety need. Being served with a Temporary Order of Protection can have immediate consequences: removal from the marital home, separation from children, and a record of the proceeding that can affect the custody case.
If you have been served with an order of protection, we provide experienced defense. We challenge the sufficiency of the allegations, present your account to the court, cross-examine the petitioner, and work to ensure the proceeding is resolved fairly. A contested OP hearing requires exactly the same level of preparation and advocacy as any other contested proceeding.
Frequently Asked Questions
How quickly can I get an order of protection?
A Temporary Order of Protection can be issued the same day you file your petition in Erie County Family Court if you demonstrate immediate or ongoing risk of harm. The court does not require advance notice to the other party for an emergency temporary order. We can help you prepare the petition and accompany you to court to ensure the strongest possible presentation.
Does an order of protection affect custody?
It can significantly. An order directing a parent to stay away from the other parent’s residence and limiting contact creates complications for custody exchanges and parenting time. When an OP and a custody proceeding overlap, the two cases must be carefully coordinated. Courts will fashion parenting arrangements that allow for the children’s access to both parents while protecting the petitioner’s safety, such as requiring neutral exchange locations or third-party custody transfers.
What is the difference between Family Court and Criminal Court orders?
Family Court orders are issued through civil Family Offense Proceedings and use a preponderance of the evidence standard. Criminal Court orders are issued as conditions of bail or as part of a criminal conviction and use the criminal beyond-reasonable-doubt standard. Both can run concurrently, and a violation of either can result in criminal charges. The criminal court’s involvement does not prevent Family Court from issuing its own order on the same facts.
Can an order of protection be modified or withdrawn?
A petitioner cannot unilaterally withdraw a final order once it is issued — only the court can modify or vacate it. The petitioner can request modification, but the judge has discretion to maintain the order if they believe safety concerns remain. Respondents can apply to modify or vacate an order when circumstances have changed materially, such as when the parties have resumed civil co-parenting contact and the protective rationale no longer applies.
What should I do if I was just served with a Temporary Order of Protection?
Comply with every term of the order immediately, and contact an attorney before your return date. Do not call, text, or contact the petitioner in any way — even to work out logistics — unless the order specifically allows it. Do not violate the order even if the petitioner invites you to. Contact with the petitioner that the petitioner initiates does not provide a defense to a violation charge. We will represent you at the return date and present your account of the events.
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For urgent matters, call (716) 759-4529.