If you’ve been served with a petition for an order of protection in New York Family Court, you may be presented with a difficult choice: should you agree to an order of protection “without admission” or should you demand a trial to fight the allegations? As a seasoned Brooklyn order of protection attorney and New York family offense attorney, I often counsel clients through this exact dilemma.
While resolving a case without a trial may seem appealing at first, it is not always in your best interest. In this blog, I’ll break down the pros and cons of agreeing to an order of protection without admission versus taking your case to trial — with a strong emphasis on the potential pitfalls of accepting a settlement without contest.
What Is an Order of Protection “Without Admission”?
An order of protection without admission (also known as a “consent without admission” or “limited consent”) means you agree to the issuance of a protective order without admitting guilt or wrongdoing. You avoid trial, but the court still enters the order, often for one year or more, based on the allegations in the petition.
This option is commonly offered during early appearances or settlement discussions in New York Family Court.
Pros of Agreeing to an Order of Protection Without Admission
1. Avoiding Trial Stress and Uncertainty
Litigation in Family Court can be emotionally exhausting, expensive, and unpredictable. Accepting an order without admission can provide a quicker resolution with less public exposure and emotional strain.
2. No Formal Finding of Abuse or Neglect
Unlike an order issued after trial, a “consent without admission” does not include a judicial finding that you committed a family offense, which can help preserve your record and credibility.
3. Temporary Peace
In high-conflict family disputes, agreeing to the order can reduce immediate conflict and help you avoid further accusations, especially when both parties want to avoid testifying.
Cons of Agreeing to an Order Without Admission (The Real Risks)
Despite these short-term benefits, the long-term consequences of accepting a consent order without a finding can be significant—and often underestimated. As a Brooklyn family offense attorney, I advise clients to weigh the following risks carefully:
1. It Still Goes on the Record
Even though the order is issued without admission, it still appears on the court’s docket and can be used against you in future custody, visitation, or even criminal cases. Judges may assume you did something wrong even if you never admitted fault.
2. It Can Affect Your Custody and Visitation Rights
A family offense petition, even settled without trial, can tilt the playing field in a custody dispute. Courts are required to consider domestic violence in determining the “best interests of the child” (see Domestic Relations Law § 240). If a petitioner obtains an order against you—even without findings—the other side may argue you’re a danger to the children and seek supervised visitation or restricted access.
3. It May Lead to Further Legal Consequences
Once a protective order is in place, any alleged violation—no matter how minor—can result in criminal charges. A text message, a drive-by sighting, or a phone call may be reported as a violation of the order and trigger an arrest. You could find yourself in criminal court even though the original matter wasn’t proven.
4. It Can Be Used in Other Proceedings
Even without a trial or admission, a consent order can be used by ACS in neglect proceedings, by opposing counsel in divorce matters, or by immigration authorities in discretionary decisions. The implications are wide-reaching.
5. It Gives Your Accuser Leverage
Accepting an order can embolden the petitioner to file additional petitions or use the order strategically. This can result in an imbalance of power, especially in contentious custody or visitation disputes.
When Should You Go to Trial?
You should strongly consider trial if:
- The allegations are false or exaggerated.
- You have evidence (witnesses, texts, photos) that can disprove the claims.
- You are involved in a pending or future custody case.
- You are concerned about immigration consequences or professional licensing.
- You want to preserve your right to see or parent your child without supervision.
As a New York order of protection attorney, I frequently help clients present strong defenses at trial, challenge credibility, and protect their parental rights.
Final Thoughts: Get Legal Advice Before You Decide
Each case is unique. Some people benefit from resolving matters early and moving forward. But too often, individuals consent to an order without realizing the long-term consequences. What seems like a quick fix can complicate your life for years to come.
Before agreeing to an order of protection without admission, consult with an experienced Brooklyn family offense attorney or New York order of protection lawyer. Your family, your future, and your freedom may depend on it.
Need Help? Contact the Gilmer Law Firm, PLLC
George M. Gilmer, Esq. is a trusted Brooklyn order of protection attorney representing individuals in Family Court throughout New York City. Whether you’re accused of a family offense or need protection, we fight for your rights. Call us today for a confidential consultation.
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