How to File a Family Offense Petition in New York

To file a family offense petition in New York, go to your county’s Family Court Clerk’s office, fill out Form 8-2, and submit it the same day. There is no filing fee, you do not need a lawyer, and a judge will review your petition on the day you file it. If the judge finds good cause to believe you are in danger, a temporary order of protection is issued on the spot and stays in effect until your next court date. The rest of this article walks through who can file, what conduct qualifies, how to complete the form so it holds up in front of a judge, and what happens after you hand it in.

Who You Can File Against

Family Court only has jurisdiction if the person you are filing against, the respondent, fits into one of the relationship categories set by the Family Court Act.1New York State Senate. Family Court Act 812 – Procedures for Family Offense Proceedings You qualify to file if the respondent is:

  • Related to you by blood or marriage, including parents, siblings, in-laws, and grandparents.
  • Your current or former spouse, regardless of whether you still live together.
  • A person you share a child with, whether or not you were ever married or lived in the same home.
  • Someone you have or had an intimate relationship with, even if you never lived together.

The “intimate relationship” category is intentionally broad. The judge looks at how often you had contact, how long the relationship lasted, and the nature of it. The relationship does not have to be sexual. Ordinary social or business acquaintances do not qualify.

What Counts as a Family Offense

Not every harmful act between family members supports a petition. The law limits family offenses to a specific list of acts that would also be crimes under the Penal Law.1New York State Senate. Family Court Act 812 – Procedures for Family Offense Proceedings The most commonly alleged offenses include:

  • Harassment and aggravated harassment.
  • Stalking.
  • Assault and attempted assault.
  • Menacing and reckless endangerment.
  • Sexual misconduct, forcible touching, and sexual abuse.
  • Strangulation and criminal obstruction of breathing.
  • Criminal mischief (intentional damage to your property).
  • Disorderly conduct.
  • Identity theft and grand larceny.
  • Coercion.
  • Unlawful dissemination of an intimate image.

Every incident you describe in your petition needs to fit one of these categories. The standard of proof in Family Court is a preponderance of the evidence, meaning you have to show it is more likely than not that the offense happened. That is a lower bar than the beyond-a-reasonable-doubt standard used in criminal court.

Filling Out Form 8-2

The petition is officially Form 8-2 (UCS-FC8-2). You can pick it up at the Family Court Clerk’s office or download it from the New York State Unified Court System website.2New York Courts. Family Offense Petition There is no filing fee.3New York Courts. Fee Waivers (Poor Person’s Relief)

The form asks for:

  • Your relationship to the respondent. Check every box that applies (married, formerly married, co-parent, intimate partner, related by blood or marriage).
  • The alleged offenses. For each incident, give the date, time, location, and a description of what happened. Note any injuries and any weapons involved.
  • Whether you filed a criminal complaint about the same conduct, and if so, the court, docket number, and status.
  • Names, dates of birth, and relationships of children living with you or the respondent.
  • Firearms information: whether the respondent owns or has access to firearms, holds a firearms license, carries a gun for work, or has used a weapon to threaten you.
  • Any pending cases between you and the respondent, prior orders of protection, and the respondent’s criminal convictions.
  • What you want the court to order. This can include stay-away provisions, temporary custody, or firearm surrender.

Be specific. Vague allegations weaken the petition. Include direct quotes of any threats you can remember, note whether children witnessed the conduct, and mention any police reports or medical records that exist. You do not have to attach those documents when you file, but naming them tells the judge corroborating evidence is available.

Keeping Your Address Confidential

If you do not want the respondent to know where you live, file a separate Request for Address Confidentiality (Form GF-21) along with your petition.2New York Courts. Family Offense Petition

What Happens the Day You File

A judge reviews your petition the same day in what is called an ex parte hearing. Only you are present; the respondent has not yet been notified. If the judge finds good cause to believe you are in danger, a temporary order of protection is issued immediately and stays in effect until the next court date.4New York State Senate. Family Court Act 842 – Order of Protection Judges routinely extend the temporary order from one appearance to the next until the case is fully heard.

The court also issues a summons and a copy of the petition, which must be delivered to the respondent at least 24 hours before the scheduled court appearance. If personal service does not succeed after reasonable effort, the court can authorize alternative methods. When the situation is more urgent (you are in immediate danger, the respondent is likely to flee, or aggravating circumstances exist) the court can issue an arrest warrant instead of a summons.

If Family Court Is Closed

Family Court only operates during regular business hours. In New York City, you can apply for a temporary order of protection through Criminal Court after 5:00 PM on weekdays and starting at 9:00 AM on weekends. A Criminal Court temporary order expires within four calendar days, so you have to go to Family Court on the next business day to file your petition and continue the protection.5New York Courts. Family Court Order of Protection After Hours Outside New York City, local town and village courts can issue emergency temporary orders when Family Court is closed.

The Fact-Finding Hearing

At the fact-finding hearing, both sides present their case. You can testify, call witnesses, and submit evidence including text messages, photographs of injuries, medical records, and police reports. The respondent has the same rights. Both of you can have attorneys, though neither is required to.

The judge decides whether you proved by a preponderance of the evidence that the respondent committed one or more family offenses. If you prevail, the case moves to a dispositional hearing where the court decides the remedy. If the allegations are not established, the petition is dismissed.

What a Final Order of Protection Can Include

A final order is tailored to your situation. The judge can combine any of the following conditions:4New York State Senate. Family Court Act 842 – Order of Protection

  • Stay-away provisions covering your home, workplace, school, or other locations.
  • No-contact and no-offense provisions barring harassment, threats, or offensive conduct toward you, your children, or anyone in your custody.
  • Temporary custody of children for the duration of the order.
  • Payment of medical expenses resulting from the offense, directly or through insurance.
  • Reasonable attorney fees you incurred in obtaining or enforcing the order.
  • Supervised entry into a shared residence at a set time so a designated person can collect personal belongings.
  • Protection of companion animals from injury or killing.
  • Return of passports, birth certificates, and other identity documents.
  • Restrictions on remotely controlling smart home devices, vehicle systems, or other connected technology affecting your home or property.

A standard final order lasts up to two years. If the court finds aggravating circumstances on the record, or if the conduct violated an existing order of protection, the order can last up to five years.

Firearms

New York courts must suspend any firearms license held by the respondent when a temporary order is issued, and can order the immediate surrender of all firearms, rifles, and shotguns. At the final order stage, the court can revoke the license entirely if it finds a substantial risk the respondent may use a weapon unlawfully against you.6New York State Senate. Family Court Act 842-A – Suspension and Revocation of a License to Carry, Possess, Repair or Dispose of a Firearm

Federal law adds a separate layer. Under 18 U.S.C. ยง 922(g)(8), a person subject to a qualifying order of protection cannot possess firearms or ammunition anywhere in the country. An order qualifies if it was issued after a hearing where the respondent had notice and an opportunity to participate, it restrains the respondent from threatening or harassing an intimate partner or child, and it either includes a finding of credible threat or explicitly prohibits physical force.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Temporary ex parte orders generally do not trigger the federal ban because the respondent has not yet had a hearing. The prohibition applies automatically when the order meets those criteria; the judge does not have to write any specific firearm language into the order.

If the Respondent Violates the Order

A willful violation can result in up to six months in jail for contempt in Family Court, modification of the existing order with stricter conditions, or issuance of a new order. The court can also order the respondent to pay your attorney fees for bringing the violation petition.

Criminal consequences can go further. Violating an order of protection while placing the protected person in reasonable fear of physical injury through threats, following, unwanted communication, or physical contact is criminal contempt in the first degree, a class E felony carrying up to four years in prison.8New York State Senate. Penal Law 215.51 – Criminal Contempt in the First Degree A violation can also be treated as a new family offense, giving you the option to file a fresh petition or pursue criminal charges.

The person protected by the order cannot be arrested for violating their own order of protection. That rule exists because abusers sometimes engineer contact and then try to claim the protected person initiated it.

Family Court or Criminal Court

Family Court and criminal courts have concurrent jurisdiction over family offenses. Filing in Family Court does not prevent a prosecutor from bringing criminal charges, and reporting a crime to the police does not prevent you from filing in Family Court. You can pursue both at the same time.1New York State Senate. Family Court Act 812 – Procedures for Family Offense Proceedings Family Court focuses on protection orders and family-related remedies like temporary custody. Criminal court can impose jail time and produce a criminal record. Police and prosecutors have to inform you of your right to proceed in either forum when you report a family offense.

A Note for Non-Citizen Victims

If you are not a U.S. citizen, filing a family offense petition and obtaining an order of protection can support an immigration case. Victims of qualifying crimes, including domestic violence, may be eligible for U nonimmigrant status with a law enforcement certification (Form I-918, Supplement B). Family Court records and orders of protection serve as evidence supporting the application.9U.S. Citizenship and Immigration Services. Victims of Criminal Activity: U Nonimmigrant Status If you are the current or former spouse of a U.S. citizen or lawful permanent resident who has abused you, you can also file a VAWA self-petition using Form I-360 without your abuser’s knowledge or cooperation. Orders of protection, police records, medical records, and sworn statements from social workers or shelter staff all count as evidence.