If you are experiencing domestic violence and need legal protection, seeking the help of a trauma-informed attorney for representation of victims of domestic violence in Family Court is not just recommended — it’s essential. At our Brooklyn-based family law practice, we specialize in helping survivors obtain orders of protection against abusive intimate partners or family members under the Family Court Act of New York.
Why You Need a Trauma-Informed Attorney
Victims of domestic violence often carry the heavy emotional burden of trauma. A trauma-informed attorney does more than just file paperwork — they recognize how abuse affects decision-making, communication, and trust.
Aspects of trauma-informed representation include:
- Understanding the impact of trauma on memory, behavior, and emotional stability
- Creating a safe, non-judgmental space to discuss sensitive facts
- Promoting trust, transparency, and cultural sensitivity
- Recognizing and avoiding re-traumatization
- Empowering the client through every stage of the court process
This approach ensures survivors are supported — legally and emotionally — while navigating one of the most difficult periods of their lives.
Filing for an Order of Protection in Family Court
In New York, if you are in an intimate relationship or related by blood or marriage to the respondent, you may file a family offense petition in Family Court. You do not need a police report or a criminal case to request protection.
Venue
You can file in the Family Court located in the county:
- Where you live
- Where the respondent lives
- Where the alleged abuse occurred
Starting the Process: The Family Offense Petition
A case begins with the filing of an ex parte family offense petition — which can be done online or in person. The petition must allege one or more offenses listed in Section 812 of the Family Court Act, such as:
- Assault
- Stalking
- Harassment
- Menacing
- Strangulation
- Coercion
- Criminal mischief
- Identity theft
- Unlawful dissemination of intimate images
(See full list under FCA §812)
If you seek an aggravated circumstances finding (e.g., weapon use, injury, repeated abuse), you may be eligible for a five-year order of protection — so this must be specifically pled in your petition.
Petition Tips
- Be specific: “Who did what to whom, when, and where?”
- Use “on or about” if you can’t recall exact dates (e.g., “summer of 2024”).
- Prioritize most recent or severe incidents at the top.
- Include children or pets in your request, if applicable.
- Ask to keep your address confidential if safety is a concern.
What You Can Request in Your Order of Protection
Whether temporary or final, the terms of an order of protection may include:
- A full stay-away order or “refrain from” terms
- Exclusion from the home, even if the lease is in the respondent’s name
- Carve-outs for child-related communication or visitation
- Return of documents or personal belongings
- Continued health insurance for you or your child
- Temporary child or spousal support (may require additional petitions)
- Restitution, including medical bills
- Attorney’s fees
- A restriction against weapon possession
If the respondent violates the order, you can file a violation petition, which may lead to additional penalties — including jail time.
What Happens After Filing
- Initial Ex Parte Review:
The judge may grant a temporary order of protection the same day, even before the respondent is served. - Service of Petition:
The court typically arranges for the Sheriff to serve the summons and petition. Always keep a copy of your order, and provide copies to schools, police precincts, and others involved with your children. - First Court Appearance:
The respondent will appear, and the judge may extend the temporary order. If a full stay-away order is granted and the respondent is excluded, they may request an exclusion hearing or an access order to collect personal property. - Fact-Finding Hearing:
You must prove a family offense occurred by a preponderance of the evidence using material, competent, and relevant testimony. If the respondent defaults, you can still win — but you must prove your case at inquest. - Dispositional Hearing:
If the respondent is found to have committed a family offense, the court will determine whether to issue a final order of protection (up to 2 years, or 5 years if aggravated circumstances exist).
Special Considerations for Victims
- If children were present or harmed, the court may extend the order of protection to them and appoint an Attorney for the Child.
- If the petition is too vague or lacks necessary details, the judge may deny a temporary order or dismiss the petition.
- If you forget to include something (like a request for aggravated circumstances), you can amend the petition within 20 days after service.
- If you’re in urgent need of relief (e.g., immediate access to your home), you may file an Order to Show Cause.
Dual Proceedings: Family Court and Criminal Court
You may also have a criminal court case for the same incident. However:
- Criminal cases can be dismissed, leaving you without protection.
- Criminal orders may expire sooner.
- Family Court can provide continued protection even if no conviction occurs.
Only Family Court can issue orders concerning custody, visitation, and support in the context of a domestic violence case.
Final Thoughts
There are no permanent orders of protection in Family Court, but final orders can last up to five years. A respondent can consent to an order without admitting guilt. Cases can also be withdrawn without prejudice and refiled later if necessary.
If you are a survivor of domestic violence in New York City, especially in Brooklyn, we encourage you to contact our office. We are experienced in trauma-informed representation of victims of domestic violence in Family Court and committed to protecting your safety, dignity, and rights.
A trauma-informed attorney understands the complex power dynamics that exist in intimate relationships, particularly where one party seeks to gain or maintain power and control over the other. These dynamics are central to domestic violence, which is not limited by gender or sexual orientation—couples or former couples can be of the same or opposite sex. At its core, domestic violence is about power: the deliberate creation or preservation of an imbalance of power to dominate and control another person. The Domestic Abuse Intervention Programs’ Power and Control Wheel is a widely recognized framework that illustrates the many tactics abusers may use, including economic abuse, coercion and threats, intimidation, emotional abuse, isolation, minimizing, denying, blaming, and using children. In addition to physical violence, victims often experience sexual coercion and assault, which may not be immediately visible but are profoundly damaging. A trauma-informed legal approach recognizes these dynamics and advocates for clients with sensitivity, awareness, and a deep understanding of the patterns of abuse.
