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Staten Island Domestic Violence Survivors Can Seek Legal Protection

Jurisdiction:New York

Staten Island domestic violence survivors may seek a New York order of protection through Family Court, criminal proceedings, or both.

Your options depend on your relationship, what happened, and whether a criminal case exists. This guide covers Richmond County resources, court options, and preparation.



1. Where Can You Seek Protection or Support?


Call 911 for immediate danger. For safety planning and connections to legal, counseling, or housing services, contact the Staten Island Family Justice Center.


Support and Court Options

The center is at 126 Stuyvesant Place; call 718-697-4300 or visit without an appointment. Services are free and available regardless of immigration status, income, or language.

Starting PointPurposeFirst Step
Richmond County Family CourtCivil protection for qualifying relationships and conductFile a family offense petition.
NYPD and criminal courtsInvestigation and prosecution of alleged offensesReport the incident; criminal protection requires a criminal case.
Family Justice CenterSafety planning and coordinated supportCall or visit for assistance.

Richmond County Family Court

  • PurposeCivil protection for qualifying relationships and conduct
  • First StepFile a family offense petition.

NYPD and criminal courts

  • PurposeInvestigation and prosecution of alleged offenses
  • First StepReport the incident; criminal protection requires a criminal case.

Family Justice Center

  • PurposeSafety planning and coordinated support
  • First StepCall or visit for assistance.

A report does not guarantee prosecution. The domestic violence charges guide explains the criminal process.


2. Who Can Request Family Court Protection?


Family Court Act § 812 requires a qualifying relationship and alleged family offense. Covered relationships include relatives by blood or marriage, current or former spouses, parents sharing a child, and current or former intimate partners.


Relationships and Conduct

An intimate relationship need not involve marriage, sex, or living together. Courts consider its nature, duration, and frequency of interaction. Section 812(1)(f) extends coverage to certain relatives of intimate partners.

Describe specific acts, such as threats, stalking, or assault. They must meet a listed offense’s elements. Emotional or financial abuse can warrant support without establishing a family offense.


3. How Do You Request Temporary Protection?


Diagram: Linear process showing petition filing, judge review for temporary order, official service by law enforcement, and court return date.
Diagram: Linear process showing petition filing, judge review for temporary order, official service by law enforcement, and court return date.

Call the Richmond County Family Court Help Center at 718-675-8800 to confirm where to file. There is no filing fee. You do not need an arrest or divorce filing.


Filing and the Judge’S Review

Describe incidents, requested protection, weapons access, and existing proceedings. Under Family Court Act § 828, a judge may issue temporary protection for good cause before the respondent appears.

This is not a finding of wrongdoing. At a contested fact-finding hearing, § 832 requires proof by a fair preponderance of the evidence.

Service and Return Dates

You cannot serve the petition, summons, and temporary order yourself. Follow the court’s instructions for service by police, the sheriff, or another authorized person.

Keep proof of service or attempts. Return even if service is incomplete, and check the order’s expiration.

When Family Court Is Closed

Under § 154-d, a local criminal court may issue temporary Family Court protection on a sworn application showing good cause. If no family offense petition exists, state that you will file when Family Court next opens.

An order returnable to Family Court lasts no more than four calendar days. Follow its return date and request continued protection before it expires.


4. What Should You Prepare before Going to Court?


Write a dated account, including significant earlier incidents. Missing records should not delay an urgent request.


Records Worth Gathering

  • Record dates, locations, exact threats, injuries, and witnesses.
  • Preserve original messages, voicemails, photographs, and relevant account details.
  • Bring available medical records, police reports, and existing court orders.
  • Identify weapons access and concerns involving children, home, work, or school.

Keep copies secure if safe. Avoid confrontation or unauthorized account access to gather evidence.

Protection to Request

Explain if you need contact restrictions, exclusion from a shared home, or arrangements to collect belongings. Section 842 permits tailored protective conditions.

Bring parenting orders and explain unsafe exchanges. Courts can address custody during the order’s term; longer-term arrangements may require separate proceedings. The child custody guide explains those steps.


5. What Should You Check after Receiving an Order?


Read the conditions before arranging contact or child exchanges. Some orders require separation; others allow limited interaction. Keep an accessible copy.


Changes and Suspected Violations

Only a court can change the order. A protected person’s invitation does not authorize prohibited contact. Order of protection information cannot replace your order’s specific terms.

Preserve evidence of suspected violations and contact police; call 911 for immediate danger. You may also ask Family Court about a violation petition.

23 Oct, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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