Order of Protection Lawyer Kings County, NY
You live in Brooklyn—maybe in Flatbush, Crown Heights, or Bay Ridge—and someone in your household or with whom you share a child has crossed a line. The harassment has become threats, and you no longer feel safe. You are considering an order of protection, but you do not know where to start. Law Offices Of SRIS, P.C. represents individuals in Kings County Family Court and New York Supreme Court who need protection—or who have been served with a petition and must respond. Mr. Sris, a former prosecutor with experience in criminal trial work, and his Of Counsel team appear regularly in the 2nd Judicial District. Call (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Strategy Options for Kings County Protection Orders
An order of protection is a civil remedy that can impose immediate restrictions on a person’s contact with you, require them to stay away from your home, school, or workplace, and even remove them from a shared residence. In Kings County, petitions are filed in Family Court when the parties have a qualifying relationship—spouse, former spouse, co-parent, blood relative, or intimate partner. If a criminal case is already pending, the order may be requested through the criminal court.
Our firm approaches each case by first identifying the appropriate court and legal basis. Mr. Sris and his Of Counsel evaluate whether the situation supports a family offense petition under Article 8 of the Family Court Act or whether it is more effectively addressed through the criminal justice system. For respondents, we examine whether the allegations meet the statutory threshold and whether the petitioner has provided sufficient evidence. We also explore alternatives such as limited orders, adjournments in contemplation of dismissal, or negotiated settlements that allow both parties to move forward while maintaining safety.
What to Expect When You Seek an Order of Protection
Kings County Family Court is located at 330 Jay Street, Brooklyn, NY 11201. The process typically begins with a petition that details the alleged conduct. A judge reviews the petition and may issue a temporary order of protection the same day if there is good cause. The temporary order remains in effect until the return date, usually within a few weeks. At that hearing, both sides have the opportunity to present their position, and the court decides whether to issue a final order, which can last up to two years in Family Court.
Throughout the process, having experienced counsel is important. The petitioner must present credible evidence; the respondent must be prepared to challenge allegations or negotiate terms. Mr. Sris and his Of Counsel handle both sides. If you are the petitioner, we help you articulate the factual basis clearly and gather supporting documentation. If you are the respondent, we protect your rights to due process and work to minimize the impact on your employment, firearm possession, and parental responsibilities. The court may also refer the matter to a referee or order a forensic evaluation, which can extend the timeline. Throughout, our team remains available for case updates and strategy discussions.
Penalties and Consequences for Violating an Order of Protection
Violating a duly issued order of protection in New York is a criminal offense. A knowing violation can be prosecuted as criminal contempt in the second degree (a class A misdemeanor) or, if aggravated, as criminal contempt in the first degree (a class E felony). The police must arrest a person who violates a stay-away or no-contact provision. In addition to criminal exposure, a violation can affect pending family law matters, including custody and visitation, and may result in immediate modification of the order to impose stricter conditions.
The court monitors compliance closely, and even an unintentional contact can be treated as a violation. For this reason, both parties should understand the exact terms of any order. Mr. Sris and his Of Counsel explain the order’s scope in plain language and advise on how to avoid inadvertent breaches. For those accused of a violation, we mount a thorough defense, challenging the sufficiency of the evidence and the willfulness of the alleged conduct.
Attorney Credentials: Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law and criminal defense since 1997. As a former prosecutor, he understands how the government builds cases and uses that insight to protect clients facing orders of protection. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes experienced litigators who concentrate their practice on family law and domestic relations. Together, they bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary.
The New York State Unified Court System sets an index number fee and a Request for Judicial Intervention fee of $95 for many family law filings in Supreme Court; Family Court petition fees may differ.
Source: New York State Unified Court System Fee Schedule. nycourts.gov/filingfees
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Frequently Asked Questions
What exactly is an order of protection in Kings County, New York?
An order of protection is a court directive that restricts a person’s contact with the petitioner or protected individual. It can order the respondent to stay away from the petitioner’s home, school, workplace, and children’s school; refrain from communication; and, in some cases, vacate a shared residence. In Kings County, these orders are issued under the Family Court Act or as part of a criminal proceeding.
How long does an order of protection last in Kings County?
A final order of protection issued in Family Court typically lasts up to two years, though the court may set a shorter duration depending on the circumstances. Temporary orders remain in effect until the hearing date. The court may extend a final order upon a showing of continued need. Criminal court orders generally run concurrently with the underlying criminal case and may be extended as a condition of a sentence or probation.
Can I get an order of protection if I am not married to the other person?
Yes, you can petition for an order of protection if you have a qualifying relationship, which includes not only spouses but also former spouses, co‑parents, blood relatives, intimate partners, or individuals with whom you have a child in common. Kings County Family Court accepts petitions where the parties currently or formerly lived in an intimate relationship, regardless of marital status. If none of these relationships apply, you may still seek a restraining order through the criminal or civil court.
What should I bring to my consultation about an order of protection?
You should bring any documentation that supports your account, such as text messages, emails, voicemails, photographs of injuries or property damage, police reports, relevant medical records, and a written timeline of events. Also bring identification and any existing court orders. The more organized your evidence, the better Mr. Sris and his Of Counsel can evaluate your case and prepare a strong petition.
What happens if someone violates an order of protection I have?
Call the police immediately to report the violation. A knowing violation is a crime, and the police are required to arrest the violator under certain circumstances. The court may modify the order to impose stricter conditions or extend its duration. You should also inform your attorney so that any additional legal remedies can be pursued, including contempt proceedings that could result in fines or incarceration.
Do I need a lawyer for an order of protection case in Brooklyn?
You are not required to hire a lawyer, but representation can significantly affect the outcome because the process involves nuanced evidentiary rules and cross-examination. An experienced attorney can help you present a compelling case as the petitioner, or mount a detailed defense as the respondent. Law Offices Of SRIS, P.C. offers consultations for both sides in Kings County. Call (888) 437-7747 to discuss your situation.
What is the difference between a Family Court order of protection and a criminal court one?
A Family Court order is a civil remedy issued when no related criminal case is pending; a criminal court order is issued as part of a criminal prosecution, typically after an arrest. Family Court orders can offer broad protections like removal from the home and temporary custody, while criminal orders are often tied to the defendant’s release conditions. Both are legally binding, and violations of either can result in criminal contempt charges.
Can an order of protection affect child custody or visitation?
Absolutely. An order of protection may temporarily suspend or restrict the respondent’s visitation or custody rights, especially if children are listed as protected parties. The court may order supervised visitation or no contact with the children pending further evaluation. Any custody arrangement can be revisited when the order is modified or expires. We advise on how to preserve parental rights while complying with court directives.
Also serve: New York County (Manhattan) Family Law | Kings County (Brooklyn) Family Law | Queens County Family Law | Staten Island Family Law | Nassau County Family Law
Primary sources: New York Family Court Act Article 8 | Kings County Unified Court System | NY Court Filing Fees
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.