Orders of Protection Lawyers in Nassau County

Protecting You and Your Family When It Matters Most in Long Island, New York City & Beyond

When you or someone you love is in danger, swift legal action can make all the difference. At Kirshblum Taber PC, our attorneys understand the urgency and sensitivity of domestic violence and family offense situations. We are committed to helping Nassau County residents obtain or defend against orders of protection with the skill, compassion, and speed these cases demand.

Call (516) 908-8842 or contact us online for help!

What Is an Order of Protection?

An order of protection is a court-issued directive that legally restricts an individual from contacting, harassing, threatening, or coming near another person. In New York, these orders are governed by Article 8 of the Family Court Act and can be issued by Family Court, Supreme Court (during divorce proceedings), or Criminal Court.

An order of protection may require the restrained party to:

• Stay away from your home, workplace, or children's school
• Cease all contact, including phone calls, texts, emails, and social media
• Surrender any firearms in their possession
• Vacate a shared residence
• Comply with custody or visitation terms set by the court

Who Qualifies for an Order of Protection in New York?

To file a family offense petition in Family Court, you must have a qualifying relationship with the respondent, which includes:

• Current or former spouses
• Parents of a child in common
• Family members related by blood or marriage
• Current or former intimate partners

If the abuser does not fall into one of these categories, a Criminal Court order of protection may still be available if criminal charges are filed.

Types of Orders of Protection in New York

Temporary Order of Protection (TOP)

A temporary order can be issued the same day a petition is filed, even before the respondent is notified or appears in court. It remains in effect until the next court date and can be extended throughout the duration of the case.

Final Order of Protection

After a hearing or by mutual agreement, the court may issue a final order of protection. Depending on the circumstances, final orders can remain in effect for up to 5 years, or longer in cases involving aggravating factors.

How the Process Works

• File a Family Offense Petition — You file a sworn petition in the Family Court of the county where you live, where the respondent lives, or where the incident occurred.
• Emergency Hearing — A judge reviews your petition and may issue a temporary order the same day.
• Service and Court Appearance — The respondent is notified and must appear in court.
• Final Hearing — The court holds a hearing where both parties may present evidence. The burden of proof is a preponderance of the evidence, which is a much lower standard than criminal court.
• Order Issued — The court issues a final order of protection if the family offense is established.

Why Legal Representation Matters

Whether you are seeking an order of protection or responding to one, having an experienced attorney by your side is critical. The outcome of these proceedings can affect:

• Child custody and visitation rights
• Background checks and employment
• Professional licensing
• Divorce and property proceedings

At Kirshblum Taber PC, Attorney David A. Kirshblum brings a perspective unlike any other. As a retired Family Court Judge with over two decades on the bench, he knows exactly how these cases are evaluated and what it takes to protect your rights and your family.

Contact Our Nassau County Orders of Protection Attorneys

You do not have to navigate this alone. Whether you need immediate protection or are facing allegations, our team is here to guide you through every step of the process with clarity and compassion.

Call us at (516) 908-8842 or contact us online to speak directly with one of our attorneys. We offer services in English, Spanish, Hebrew, and Russian.