Who Can Get an Order of Protection in Family Court?

Written By danielle connolly

Family offense proceedings in New York provide individuals with a civil pathway to seek protection from certain harmful conduct. These cases are governed by Article 8 of the Family Court Act and may result in the issuance of an Order of Protection (OOP).

The Threshold Requirement — Relationship

Before the court considers the allegations, the petitioner must establish a qualifying relationship with the respondent.

Under Family Court Act § 812, eligible relationships include:

  • Individuals related by blood or marriage

  • Current or former spouses

  • Individuals who share a child in common

  • Individuals in an “intimate relationship”

The law specifically excludes casual acquaintances and ordinary social or business interactions.

Proving a Family Offense

Once the relationship requirement is met, the court determines whether a family offense occurred. Common allegations include:

  • Harassment

  • Assault

  • Disorderly conduct

The petitioner must prove the case by a fair preponderance of the evidence.

Orders of Protection

If the court finds that a family offense was committed, it may issue an Order of Protection. These orders can include:

  • Stay-away provisions

  • No-contact directives

  • Conditions tailored to ensure safety

Family offense proceedings often involve complex factual disputes and credibility determinations. Understanding whether your relationship qualifies under the law is the first and most critical step in seeking protection.

If you are dealing with a Family Court matter, we can help you understand your options and protect your rights.

danielle connolly
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