In order to file a for an Order of Protection in the Family Court, the petitioner must file a family offense petition. The Family Court has jurisdiction to hear cases between spouses, blood relatives or relationship by marriage, people with a child together, or people who are intimate with one another. The Petition must detail the family offenses committed against the petitioner or their child.
If a spouse is going through a divorce, obtaining an Order of Protection in the Supreme Court may be more appropriate. The victim or their Long Island Family Law Attorney may file an Order to Show Cause detailing the incident(s) that prompted the victim to seek an Order of Protection. The judge then decides whether to grant the Order and names the specific conditions for the Defendant to abide by.
At The Law Offices of Seidner & Associates, we can help you obtain an Order of Protection should that be necessary. If you need assistance with a Family Court or Supreme Court Order of Protection, contact a Long Island Family Law Attorney at The Law Offices of Seidner & Associates right away.