INTRODUCTION

This handout will help you understand how to file for an order of protection in Manhattan Family Court.If you are filing the petition, then you are the petitioner. The person you are filing against is the respondent. Manhattan Family Court deals with a large number of cases and the process may take longer than you would like. It could take you a day to file a petition and request a temporary order of protection. Depending on the time you arrive at court, you may see a Judge after 5:00 p.m. or may have to come back the next day. Childcare is available on the 1st floor for children one year and over from 9:00a.m.-4:45p.m., Mon. Fri. This handout will help you understand this process.

WHO CAN FILE A PETITION IN FAMILY COURT? You can file a petition in Family Court for an order of protection if 1) you are related to the respondent by blood or marriage; 2) you are or were legally married to the respondent; or 3) you have a child with the respondent. If you need an order of protection against someone else, you can only get one through Criminal Court. To get a criminal court order of protection, the police must arrest the person or you may go to the Court Dispute Resolution Center, located at 346 Broadway, 4th floor (between Leonard and Worth Streets), in Manhattan or call (212)-374-5880. You may proceed for orders of protection in Family or Criminal Court or both.

HOW DO I FILE A PETITION IN FAMILY COURT? You must go to the "Petition Room" (room 5DI) between 9:00a.m. 5:00p.m. Mon. Fri. After you tell the clerk at the front desk you are there, you will be given forms to fill out, including one to write down the incidents of violence. When your name is called, you will see a clerk who will write the petition based on the information you gave on the form.

WHAT SHOULD I PUT ON MY PETITION? Write down as many details as possible. In order to obtain an order of protection you must state that a "family offense" occurred. Many actions are family offenses, such as when a person verbally, physically, emotionally, or sexually abuses you, or threatens to hurt you. Describe when each incident occurred, where it occurred, what happened, whether you were injured (bruises, cuts), and whether weapons were used. It is best to include the most recent incident, the first incident and the worst incident. If there was verbal abuse, tell theclerk the exact words the respondent used. Tell the clerk if there is criminal court involvement and if there were earlier orders of protection. Before you sign the petition, read it carefully and tell the petition clerk if anything important has been left out. Make sure the petition is accurate and fully states what you want to tell the Judge.