So, You've Been Served With a Family Court Order of Protection. Now What?

What should I do if I've been served with a Family Court order of protection in New York?

Take the order seriously from the moment you receive it. Read every page, follow every restriction, and don’t contact the protected person if the order says not to, even if they reach out first. Talk with a Family Court attorney promptly. The judge, not the other person, sets the order’s terms.

A Family Court order of protection can turn an already difficult situation into a confusing one. You may feel that the other person’s account leaves out important details. You may believe you acted to protect yourself. Whatever happened, the safest first step is to understand the order and follow it while you get legal advice.

This is a judge’s order, not a personal request

A Family Court order of protection is issued by a judge. It may be temporary while a case is pending, or it may be issued as a final order after court proceedings. The exact terms matter. An order may tell you to stay away, stop communicating, move out of a home, or follow specific rules about children.

Read the full order carefully. Don’t rely on what someone says it allows, and don’t assume you can ignore a restriction because it feels unfair or because the protected person agrees. If you’re unsure what a term means, ask your attorney before taking action.

New York’s Office for the Prevention of Domestic Violence explains the different types of orders of protection (https://opdv.ny.gov/orders-protection). A Family Court case is civil, but that does not make the order optional or harmless to violate.

If you’ve been served, keep the paperwork together and bring it to a lawyer. Avoid sharing sensitive case details online.

If it says “no contact,” don’t make contact

If your order bars contact, treat that restriction as applying to every way you might communicate. Don’t call, text, email, send a message on social media, or ask a friend or family member to pass one along. Don’t go in person to speak with the protected person.

If they call or message you, don’t respond. If you answer a call, end it. If they approach you, leave and go the other way. Avoid arguing about the order or trying to explain your side in the moment. If you need to preserve a message or document what happened, ask your attorney how to do that without responding.

The same caution applies if the order sets out a specific exception. For example, it may allow limited communication about children. Follow the exception exactly as written. Don’t assume that a practical or friendly conversation falls within it.

The protected person can’t give you permission to break the order

This point can be hard to accept, especially if you have children together or still share a home. But the protected person does not issue the order. The judge does. A person’s invitation or agreement doesn’t change the terms.

Only the court can change or end an order. If the current terms create a problem, such as how to collect your belongings or arrange parenting time, talk with a lawyer about asking the court to address it. Don’t try to make an informal agreement and treat it as a change to the order.

A violation can have serious consequences

Violating an order of protection can lead to a court violation proceeding and, in some circumstances, criminal contempt charges. Under New York Family Court Act § 846-a (https://www.nysenate.gov/legislation/laws/FCT/846-A), a judge who finds that someone willfully disobeyed an order may impose consequences that can include jail time of up to six months. Separate criminal contempt charges may also apply depending on the facts and the law.

That doesn’t mean every allegation results in a particular outcome. The order’s wording, what happened, and the evidence all matter. But the possibility of serious consequences is why it’s important to follow the order and get advice early. For more information, see the New York Courts’ guidance on order-of-protection violations (https://nycourts.gov/CourtHelp/Safety/violatingOP.shtml).

Your side of the story matters, too

Family Court cases can involve deeply personal and upsetting events. There may be facts the petition doesn’t include. You may believe you were defending yourself or that an accusation is untrue. You deserve the chance to understand the case and protect your rights.

An attorney can review the petition and the order with you, help you understand the court process, and prepare a response based on the evidence. That may include relevant messages, photographs, records, or witness information. Don’t delete or alter potential evidence, and don’t contact the other person to try to get them to change their account. Ask your lawyer how to preserve and share information safely.

An attorney can help you understand the order, the allegations, and the next steps in your Family Court case.

Plan for belongings and parenting time through the right channels

If you lived together, you may need to collect clothing, medication, work items, or other personal belongings. Don’t go to the home or arrange a direct meeting if that would violate the order. Ask your attorney about a safe, lawful way to retrieve what you need.

If you have children together, the order may affect where you can go and how you can communicate. You may need a schedule for visits, custody, or exchanges. An attorney can help you understand what the order allows and, when needed, seek a clear arrangement from the court. You can learn more about the firm’s Family Law services and child custody representation.

Don’t assume that a usual parenting routine overrides the order. Until the court changes the terms, follow the written restrictions and get legal advice about any uncertainty.

Get legal advice before your next court date

Bring your order, petition, and court paperwork to an attorney. Write down questions you have, including what the restrictions mean, when you need to appear, and how to handle necessary communication about children or property. If you need help finding counsel, your local bar association may be able to provide a referral.

The Law Office of Yvonne Garbett represents people in Family Court matters in Rockland, Westchester, and Orange Counties. Yvonne Garbett is a former Rockland County prosecutor and public defender, admitted to practice in New York in 2002. The firm also handles orders of protection matters. Every case is different, and no attorney can promise a particular result. But you don’t have to sort through the order and the next steps on your own.

When should you call a lawyer in New York?

Call a New York Family Court attorney as soon as you’re served, especially if you have a hearing coming up, the order limits contact with your children, you need to retrieve belongings, or you’re unsure what a term means. If you think a restriction may already have been violated, get legal advice promptly. Don’t contact the protected person to work it out.

Contact the Law Office of Yvonne Garbett

If you live in Rockland, Westchester, or Orange County, contact the Law Office of Yvonne Garbett to discuss your Family Court matter. Call or text 845-290-2492, or visit garbettlaw.com. Service is available in Spanish and English.

Law Office of Yvonne Garbett · 3 Eberling Drive, New City, NY · Call or text 845-290-2492 · garbettlaw.com

This article provides general information, not legal advice. The wording of your order and the facts of your case matter.