How to Get an Order of Protection in New York Family Court (FCA § 821 & § 828)

If a family or household member has hurt you, threatened you, or made you fear for your safety, you can ask the New York Family Court for an order of protection. You start by filing a family offense petition, and in many cases the court can issue a temporary order the same day, before the other person is even heard.

You do not need a lawyer to file, and you do not have to wait for the police or a criminal case. The Family Court process is designed so that a person in danger can seek protection directly.

This page covers how to get an order of protection in the New York Family Court, how to file the petition, whether you can get a same-day temporary order, and what happens at the hearing.

How Do You Get an Order of Protection in New York Family Court?

You file a family offense petition asking the court for protection, and the case moves from there. The path has a clear shape: you file the petition, the court can grant a temporary order of protection right away if the situation calls for it, the other person (the respondent) is served and brought to court, and the case proceeds to a hearing where a judge decides whether to issue a final order.

The temporary order holds the line while the case is pending. The final order is what the court enters after hearing the matter. You can pursue this in the Family Court whether or not there is also a criminal case, because the two run on separate tracks.

How Do You File a Family Offense Petition in New York (FCA § 821)?

You file a sworn petition in the Family Court describing what happened. Under Family Court Act § 821, the family offense petition is the document that starts the case. It identifies you (the petitioner), the person you need protection from (the respondent), your qualifying relationship, and the specific acts that put you in fear or caused you harm.

You can file in the Family Court in the borough or county where you live, where the respondent lives, or where the incident happened. There is no filing fee for a family offense petition. Be specific in the petition about dates, words, and conduct, because the petition frames the whole case. Our protective order attorneys help a petitioner set out the facts so the conduct connects to what the law recognizes as a family offense.

Can You Get a Temporary Order of Protection the Same Day in New York (FCA § 828)?

Often, yes. Under Family Court Act § 828, the court can issue a temporary order of protection at the start of the case, sometimes the same day you file, to protect you while the matter is pending. The court can do this based on your petition before the respondent has been served or heard, when the circumstances warrant it.

A temporary order can direct the respondent to stay away from you, your home, your job, and your children’s school, and to stop contact or harassment. It lasts while the case is ongoing and can be extended at each court date until the case is resolved. Whether a temporary order issues, and what it contains, is up to the court based on the facts you present.

What Happens at the Hearing on a Family Offense Petition in New York?

The court decides whether a family offense happened and whether to issue a final order. After the respondent is served and appears, the case moves toward a fact-finding hearing. At that hearing, you have to prove, by a fair preponderance of the evidence, that the respondent committed one of the acts the law treats as a family offense.

You testify to what happened, and you can present evidence such as messages, photos, medical records, and witnesses. The respondent can answer and present their own side. If the court finds a family offense occurred, it can issue a final order of protection setting terms and a duration. Many cases also resolve by agreement before a full hearing. Our order of protection attorneys prepare a petitioner for that testimony, because the case often rests on the petitioner’s own account and the record that backs it up.

What to Bring, and How Our Protective Order Attorneys Help in a New York Family Offense Case

Bring the proof of what happened. Saved texts, voicemails, and emails, photographs of injuries or damage, medical or police records, and the names of anyone who witnessed the conduct all help establish the case. Contemporaneous messages and notes carry weight because they are hard to dispute later.

Our protective order attorneys help a client preserve and organize that record, draft the petition so it states a recognized family offense, seek a temporary order where the situation calls for it, and prepare for the hearing. We treat these cases with the seriousness they carry, because for the person who filed, the order is about being safe.

If you are in immediate danger, call 911. The New York State Domestic and Sexual Violence Hotline is available around the clock at 1-800-942-6906, and it is confidential.

Talk to Cedeño Law Group About a New York Order of Protection

Your safety comes first, and the petition is how the court hears it. Cedeño Law Group helps New York family members seek and defend orders of protection in the Family Court, and prepares every petition as if a judge will read it closely. Call us, and let’s get the facts in front of the court.

Updated 2026. This page reflects how a family offense petition and temporary order of protection work under Family Court Act § 821 and § 828 as in effect in 2026. It is general information, not legal advice. If you are in immediate danger, call 911.

For more laws, visit our New York Divorce and Family Laws page.