If you’re facing abuse, threats, or harassment from a current or former partner or family member, the law offers protection, and you don’t have to face it alone. As an experienced Syracuse family law attorney, I represent individuals in Family Offense proceedings across Central New York, helping clients obtain, or defend against, Orders of Protection with discretion, urgency, and care. Contact us today to schedule a confidential consultation to discuss your case.

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What Constitutes a Family Offense in New York?​

A “family offense” refers to certain criminal acts committed between people who are related by blood or marriage, have a child together, or are (or were) in an intimate relationship. Family offenses include:

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• Disorderly conduct

• Unlawful dissemination or publication of an intimate image

• Harassment

• Aggravated harassment

• Sexual misconduct

• Forcible touching

• Sexual abuse

• Menacing

• Reckless endangerment

• Criminal obstruction of breathing or blood circulation

• Strangulation

• Assault or attempted assault

• Stalking

• Criminal mischief

• Identity theft

• Grand larceny

• Coercion

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These cases are brought in Family Court through a civil process, separate from criminal charges, and can lead to a legally binding Order of Protection.​

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To learn more please visit out blog post titled Understanding Family Offenses in New York State

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Orders of Protection

An Order of Protection is a court order designed to help keep someone safe from abuse, threats, harassment, or violence by a family member or intimate partner. It places legally enforceable restrictions on the person accused of harmful behavior to protect the person seeking help. An Order of Protection can:

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• Order the offending party to stay away from you, your home, job, or children

• Prohibit all communication or limit it to certain topics (like parenting time)

• Require the surrender of firearms

• Grant temporary custody or exclusive use of the home

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For more information, please see our blog post titled What is an Order of Protection in New York State?

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Who Can File a Family Offense?​

In New York, a person can file a family offense petition in Family Court if they have a specific qualifying relationship with the alleged offender. Qualifying individuals include:

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• Persons related by consanguinity (blood) or affinity (marriage/in-law relationships).

• Persons legally married or formerly married, regardless of current residence.

• Persons with a child in common, regardless of whether they ever lived together.

• Persons who are, or have been, in an "intimate relationship" (including dating relationships, but not casual acquaintances or business/social contacts

• A parent on behalf of their child against another family member

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For more information, please see our blog post titled Who Can File a Family Offense Petition in New York State?

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What is IDV Court?​

In New York, Integrated Domestic Violence (IDV) Courts are specialized Supreme Court Parts designed to streamline legal proceedings for families facing domestic violence issues. Unlike the traditional court system, where victims and families may need to appear before multiple judges across criminal, family, and matrimonial courts, IDV Courts follow a "one family, one judge" model. This means a single judge handles all related cases, such as criminal domestic violence charges, custody, visitation, divorce, and orders of protection involving the same family.

 

The goal of IDV Courts is to promote victim safety, ensure offender accountability, and reduce the burden on families by minimizing court appearances and ensuring consistent judicial decisions. Cases typically qualify for IDV Court if they involve domestic violence and other related matters such as criminal, family, or matrimonial within the same county.

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For more information, please see our blog post titled What is Integrated Domestic Violence (IDV) Court? A Guide for New York Families

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What Happens if an Order of Protection is Violated?

Family court orders in New York State are legally binding directives issued by a judge to protect the rights and responsibilities of individuals involved in family law matters. A violation occurs when a party disobeys any part of a court-issued order of protection.

 

A violation occurs when a person disobeys any of the provisions outlined in the Order of Protection. This can include, but is not limited to:

• Contacting or attempting to contact the protected person through phone calls, texts, social media, or in person.

• Coming within a specified distance of the protected person, their home, workplace, or school.

• Possessing firearms or other weapons if prohibited by the order.

• Harassing, threatening, or intimidating the protected person or their family members.

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Failing to comply with a family court order can have serious consequences, such as being held in civil or criminal contempt, or having to pay the other parties legal fees, being arrested and/or charged criminally, and being subjected to fines or imprisonment.

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For more information, please see our blog post titled What Are the Consequences of Violating a New York State Family Court Order?

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Defending Against a Family Offense Petition

Being falsely accused of a family offense, such as harassment, assault, or stalking, can be terrifying and overwhelming. These allegations often arise in the context of contentious divorces, custody battles, or breakups, and they carry serious consequences. In New York State, even a temporary order of protection can impact your parental rights, where you live, and your reputation. If you’ve been falsely accused, here are the steps you need to take immediately to protect yourself.

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Take the Accusation Seriously​

Even if the allegations are completely false, the court will not treat them lightly. A family offense petition filed in Family Court can result in an order of protection being issued against you. That can restrict where you can go, who you can contact, and in some cases, even remove you from your home. Don’t ignore it. Take swift action.

 

Hire an Experienced Family Law Attorney​

You need legal representation immediately. A skilled family law attorney can assess the allegations, advise you on what to say (and what not to say), gather evidence, and represent you in court. Family offense proceedings can move quickly, and showing up without an attorney puts you at a serious disadvantage.

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Follow the Order of Protection, Even If It’s Unfair​

If the court issues a temporary order of protection (TOP), you must follow it, even if the claims are false. Violating the order can result in criminal charges. That means no contact, direct or indirect, with the petitioner (the person who filed the complaint), and no showing up at shared places like your home or child’s school if prohibited. Let your attorney fight the order in court.

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Gather Evidence​

Document everything. This can include:

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• Text messages, emails, and social media communications.

• Witnesses who can vouch for your character or confirm your version of events.

• Phone records, GPS logs, or security footage if they help disprove the allegations.

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Your lawyer can use this evidence to challenge the credibility of the accuser and establish your innocence.

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Be Careful What You Say and Do​​

Don’t respond emotionally or lash out at your accuser, especially in texts or online. Assume that everything you say or do will be used against you. Avoid posting about the situation on social media. Stick to communicating with your attorney, and let them handle all interactions related to the case.

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Prepare for the Hearing​

In Family Court, the accuser will need to prove the allegations by a “preponderance of the evidence.” This is a lower standard than in criminal court. Your attorney will help you prepare to testify and present your side of the story. If children are involved, the court will weigh how the accusations and the parties’ behavior affect the children’s best interests.

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Understand the Potential Consequences​​

If the court finds that you committed a family offense, a final order of protection can be issued for up to two years (or longer in aggravated cases). That can affect:

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• Custody and visitation arrangements

• Firearm rights

• Your ability to return to your home

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Even if you’re cleared, the accusation may come up again in custody or divorce proceedings, so handling it properly from the start is key.

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For more information please see our blog post regarding What to Do If You Are Falsely Accused of a Family Offense in New York.

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Are Orders of Protection Public?

Family offense proceedings filed in Family Court are not public in the same way as criminal court proceedings. However:

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• If a related criminal case is filed in a criminal court (such as a local criminal court or Supreme Court), those criminal court records may be public.

• Orders of protection issued in criminal court are part of the public criminal record.

• Family Court orders remain within the Family Court file and are not broadly accessible.

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For more information, please see our blog post titled Are Family Court Records Public in New York State?

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Consequences of Order of Protection

Whether issued in Family Court, Supreme Court (as part of a divorce), or Criminal Court, an Order of Protection can have significant legal, professional, and personal consequences. Understanding those consequences is critical, both for petitioners seeking protection and for respondents defending against the allegations.​

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Employment Consequences

Employers conducting comprehensive screening, particularly for positions involving children, firearms, security clearance, or professional licensing, may uncover the existence of an order. Whether an Order of Protection appears on a background check depends on the type of case:

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• Criminal Court Orders of Protection: These are tied to an arrest and will typically appear on criminal background checks.

• Family Court Orders of Protection: These are civil in nature. They do not create a criminal record. However:

  • They may appear in court record searches.

  • They may be visible in certain government or law enforcement database searches.

  • If violated, the resulting criminal charge will appear on a criminal background check.​

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Professional Licensing

Professionals licensed by state agencies (lawyers, doctors, nurses, teachers, financial advisors, etc.) may face scrutiny. Certain licensing boards require disclosure of:

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• Pending criminal matters

• Orders of Protection

• Allegations involving domestic violence

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Even absent a conviction, the existence of an order can trigger an investigation.​

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Firearms Restrictions

If an Order of Protection includes a firearm surrender provision, it can affect:

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• Law enforcement officers

• Military personnel

• Security professionals

• Anyone whose employment requires firearm possession​

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Travel Consequences

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• Domestic Travel - An Order of Protection does not automatically prevent domestic travel within the United States. However:

  • Stay-away provisions may limit where you can go.

  • Violating geographic restrictions, even unintentionally, can result in arrest​

• International Travel - International travel can be impacted depending on circumstances:

  • If the order arises from a criminal case, passport applications or renewals may be affected.

  • Some countries may deny entry to individuals with pending criminal charges.

  • If a violation warrant is issued, you may be detained upon return to the U.S.

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Additionally, if the order involves custody provisions, removing a child from the jurisdiction could result in serious legal consequences.

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Immigration Consequences

Although beyond the scope of many family law cases, non-citizens should be aware that:

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• Domestic violence-related findings can have immigration consequences.

• Violations of Orders of Protection can trigger removability issues.

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If immigration status is a concern, coordination with immigration counsel is essential.​

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For more information, please see our blog post titled What Are the Consequences of an Order of Protection in New York?

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What Background Checks Will Show an Order of Protection?

The visibility of an Order of Protection depends on the type of case and the database being searched. It is not uniform across all screening platforms.

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• Standard Criminal Background Check: An Order of Protection will typically appear if it is connected to a criminal case. Because the order is tied to an arrest or criminal charge, it becomes part of the criminal court record.

• FBI Fingerprint-Based Background Check: If the Order of Protection is associated with a criminal matter, it will likely appear in a fingerprint-based search that accesses federal and state criminal databases.

• Civil Court Record Search: Family Court Orders of Protection are civil in nature and proceedings are generally confidential. However, depending on the scope of the search and the context, related filings or docket entries may be discoverable in certain litigation or investigative settings.

• Professional Licensing Background Check: State licensing agencies often conduct more extensive reviews than private employers. In some cases, applicants may also be required to self-disclose the existence of an Order of Protection, particularly if it involves allegations of domestic violence.

• Employment Screening Through a Private Database: Results vary depending on the vendor and the depth of the search. Some private screening services capture only criminal convictions, while others may report pending cases or publicly available court records.

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It is important to understand that while Family Court proceedings in New York are generally confidential, confidentiality does not mean complete invisibility. Court appearances, motions, and related filings may become accessible in certain legal, licensing, or investigative contexts.

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For more information, please see our blog post titled What Are the Consequences of an Order of Protection in New York?

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Contact A Syracuse Family Law Today​​

If you need legal help filing or responding to a family offense petition, contact my office today for a confidential consultation with an experienced Syracuse family law attorney to discuss your case. 

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For more details on some of the most commonly asked questions regarding family offense matters in New York State please visit our Frequently Asked Questions Page

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For an overview of what to expect in family court, please see our blog post titled Navigating Family Court in New York: What to Expect

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.