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 Point | Purpose | First Step |
|---|---|---|
| Richmond County Family Court | Civil protection for qualifying relationships and conduct | File a family offense petition. |
| NYPD and criminal courts | Investigation and prosecution of alleged offenses | Report the incident; criminal protection requires a criminal case. |
| Family Justice Center | Safety planning and coordinated support | Call 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?
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
