Who is eligible to file a petition in the Family Court?

You are eligible to file a petition in the Family Court for an order of protection if:
1) you have a familial or marital relationship with the accused;
2) you are or were legally married to the accused;
3) you have a child with the accused; or
4) you are or were involved in an intimate relationship with the accused.
The court may consider various factors in determining whether a relationship is deemed “intimate,” including but not limited to: the nature or type of relationship, regardless of whether it is sexual in nature; the frequency of interaction between the individuals; and the duration of the relationship. It is important to note that a casual acquaintance or ordinary fraternization in business or social contexts does not qualify as an “intimate relationship.”
You have the option to seek orders of protection in either the Family or Criminal Court, or both.
If you require an order of protection against someone else, you can obtain one exclusively through the Criminal Court. In order to obtain a criminal court order of protection, the person must be arrested by the authorities or you may seek assistance from the Court Dispute Referral Center.