If you’ve been served with a family offense petition in New York Family Court, it can feel like everything changed overnight – especially if the paperwork includes a Temporary Order of Protection (TOP). In many cases, a TOP is issued at the outset and can have immediate consequences (housing, contact, parenting time). For an official overview of Article 8 family offense cases, see NYCourts: Family Offense.
Related reading on GilmerLegal.com: Understanding Temporary Orders of Protection in New York Family Court.
1) Understand what you were served with
Most respondents are served with some combination of a petition (the allegations), a summons (your return date), and a temporary order of protection. Family Court can issue temporary orders “for good cause shown,” and New York law also states that a temporary order of protection is not a finding of wrongdoing. See Family Court Act § 828.
Important: “not a finding” does not mean “optional.” A TOP is still a court order. The court’s own order form warns that violations may result in contempt and/or criminal consequences. See NYCourts Form 8-5 (Temporary Order of Protection).
2) What is a NY Family Court “family offense” case?
Family offense cases are governed by Family Court Act Article 8. The Family Court and criminal courts have concurrent jurisdiction over certain acts (listed in the statute) when they occur between “members of the same family or household.” See Family Court Act § 812.
NYCourts lists common allegations that appear in Article 8 petitions (for example: harassment, aggravated harassment, menacing, assault/attempted assault, stalking, criminal mischief, and strangulation-related offenses). See NYCourts: Family Offense (case type page).
If you are not sure whether the relationship qualifies, that analysis comes from the statute’s definition of “members of the same family or household.” See Family Court Act § 812 (definition section).
3) Temporary Orders of Protection: the biggest early risk is an accidental violation
Many respondents get into deeper trouble by violating the TOP – often unintentionally. For example, some orders are “stay away” and require no contact, while others are “refrain from” and may allow limited communication about parenting logistics. The exact wording controls. For plain-language explanations, see NY OPDV: Orders of Protection and NYCourts FAQ: Obtaining an Order of Protection.
Courts have also treated temporary orders as enforceable court orders during the pendency of the case (including through violation proceedings). See, for example, Matter of Lisa T. v. King E.T. (NY Court of Appeals decision PDF).
4) Do / Don’t checklist for respondents (practical, not legal advice)
DO:
- Read every line of the temporary order of protection and follow it exactly.
- Save and back up relevant communications (texts, emails, call logs, voicemails) and keep originals when possible.
- Create a written timeline for yourself (dates, times, locations, witnesses).
- If children are involved, plan exchanges in a way that complies with the order; ask your attorney about requesting a modification if needed.
DON’T:
- Do not message the petitioner to “explain” or “apologize” if contact is restricted.
- Do not use friends/family as go-betweens if the order prohibits direct or indirect contact.
- Do not post about the case on social media.
- Do not assume “they contacted me first” makes it safe to respond.
If the order excludes you from the home, you may be dealing with an exclusion issue that can trigger additional court procedures. Related reading: What Is an Exclusion Hearing in an Order of Protection Case in Family Court?.
5) Preparing for the first court date (the “return date”)
NYCourts explains that a petitioner can often appear the same day they file, and the judge may issue a temporary order and set a return date for the respondent. See NYCourts: Family Offense.
- Show up early and bring your paperwork (petition, summons, TOP).
- Bring any documents that address immediate logistics (work schedule, school/daycare information, proof of residence, etc.).
- If a TOP makes parenting exchanges impossible, discuss with counsel how to request clear exchange terms (for example, third-party or neutral-location exchanges).
- Avoid making statements on the record without strategy; what you say may matter later if the case is set for fact-finding.
6) What happens if you deny the allegations?
If the respondent denies, Family Court can schedule a fact-finding hearing to decide whether the allegations are proven by a fair preponderance of the evidence. See Family Court Act § 832 and NYCourts: Family Offense.
If proven, the court may issue a final order of protection and other relief. See Family Court Act § 842.
7) Don’t ignore custody spillover
Orders of protection and family offense findings can affect custody and visitation. New York custody law requires courts to consider domestic violence in the best-interests analysis. See Domestic Relations Law § 240.
Quick FAQs
- Can I be ordered out of my home without a criminal conviction? (Family Court is civil; temporary relief may be issued for good cause.)
- What if the protected party contacts me first? (Treat the order as controlling; talk to counsel immediately.)
- Should I agree to an order “without admission”? (This is fact-specific; compare settlement risk versus hearing risk.)
Related reading on this decision point: Should I Take an Order of Protection Without Admission or Go to Trial?.
Call to Action
If you’ve been served with a family offense petition or temporary order of protection in Brooklyn or NYC, early strategy can prevent avoidable mistakes. Learn more about our practice here: Order of Protection Defense (Gilmer Law Firm).
Contact: Gilmer Law Firm, PLLC (15 Metrotech Center, 7th Floor, Brooklyn, NY 11201 | 718.864.2011).
