Who Can File For An Order of Protection 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; 

3) you have a child with the respondent; or 

4) you are or were in an intimate relationship with the respondent.

Factors the court may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature, the frequency of interaction between the persons, and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship.” 

You may proceed for orders of protection in Family or Criminal Court or both. 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 referral center. 

For information on serving legal papers, contact order of protection process servicecall (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

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