Orders of Protection Attorney in Manhattan, New York
An order of protection — properly obtained and enforced — can be the most important legal document in a person’s life. When a family member, intimate partner, or household member poses a threat of harm, New York law provides a powerful and quickly accessible remedy. When an order of protection has been obtained based on false or exaggerated allegations, the consequences for the restrained person can be devastating. Steven J. Mandel at Warshaw Burstein, LLP, represents clients on both sides of protective order proceedings throughout Manhattan with skill and conviction.
How Orders of Protection Work in New York
New York provides for orders of protection in three court systems, depending on the circumstances:
- Family Court — handles family offense petitions between family members and intimate partners; issues civil orders of protection
- Criminal Court — issues orders as part of criminal proceedings when domestic violence constitutes a crime
- Supreme Court — can issue orders of protection as part of divorce and custody proceedings
Each court has its own procedures and standards, and a skilled attorney can coordinate proceedings across multiple courts when the circumstances require it.
Obtaining an Order of Protection in Manhattan
The process begins with filing a petition in Family Court describing the conduct — physical violence, threats, harassment, stalking, or other qualifying family offenses. A judge reviews the petition the same day and, if good cause is shown, issues a temporary order of protection immediately. The respondent is then served with the order and a hearing date is set.
At the full hearing, both parties present evidence and the court determines whether to issue a final order of protection and for what duration. Final orders in Family Court can last up to five years, with extensions possible. Steven J. Mandel prepares his clients thoroughly for every stage of this process — building a compelling record from the initial petition through the final hearing.
Defending Against an Order of Protection
Not every order of protection petition reflects the truth. False allegations in the context of divorce and custody disputes are a real and serious problem. A person subject to a temporary order of protection may be removed from their home, prohibited from seeing their children, and face consequences in their professional life — all before a hearing at which they can present their side.
Steven J. Mandel mounts vigorous defenses for clients facing improper protective orders — investigating the allegations, challenging credibility, gathering evidence of the petitioner’s conduct, and presenting a compelling case at the full hearing. His goal is always to protect the truth and his client’s rights.
For orders of protection in Manhattan, call (646) 770-3868.
Frequently Asked Questions: Orders of Protection Attorney in Manhattan
Q1: What is an order of protection in New York?
An order of protection (also called a restraining order) is a court order directing a person to stop engaging in certain conduct toward another person — typically prohibiting contact, communication, and proximity to the protected person and their residence, workplace, or school. In New York, orders of protection can be issued by Family Court (in family offense proceedings), Criminal Court (as part of criminal proceedings), or Supreme Court (as part of divorce proceedings).
Q2: How do I get an emergency order of protection in Manhattan?
To obtain an emergency order of protection in Manhattan Family Court, you file a family offense petition describing the conduct you have experienced. The court will see you the same day and, if there is good cause, issue a temporary order of protection immediately. You do not need an attorney to file — but having one significantly strengthens your petition and ensures the order covers everything necessary to protect you. The abuser is not present at the initial ex parte proceeding.
Q3: What happens after a temporary order of protection is issued?
After a temporary order of protection is issued, a full hearing is scheduled — typically within a few weeks — at which both parties can present evidence. At the hearing, the court determines whether to continue the order (as a final order of protection, which can last up to 5 years in Family Court) or to dismiss it. Having an attorney represent you at the full hearing is critical to obtaining a durable final order.
Q4: What if the person subject to the order of protection violates it?
Violating an order of protection is a crime in New York. If the restrained person contacts you, comes near you, or violates any other provision of the order, you should call the police immediately and document the violation. The violator can be arrested and charged with criminal contempt, which carries significant penalties including incarceration. You should also inform your attorney so that the violation is recorded in the civil family court proceedings.
Q5: Can an order of protection be contested or modified in New York?
Yes. The person subject to an order of protection has the right to contest it at the full hearing, present evidence, call witnesses, and challenge the petitioner’s account. An order can also be modified — for example, to allow limited contact for co-parenting purposes — or vacated if circumstances change. Steven J. Mandel represents both petitioners seeking to maintain protective orders and respondents challenging orders obtained on false or exaggerated allegations.
