An Order of Protection in New York does not automatically mean you lose the right to see your children. In many criminal cases involving family or domestic disputes, the criminal court issues a temporary Order of Protection while the case is pending. These orders often include language that allows the Family Court to issue custody and visitation orders that may modify or clarify how parenting time will occur.

If the Family Court later enters a custody or visitation order, that order can permit contact with your children even if the criminal Order of Protection would otherwise restrict it. For example, the Family Court may authorize scheduled parenting time, supervised visitation, or child exchanges under specific conditions. It is important to follow both court orders carefully and never assume you may have contact that has not been authorized.

Because criminal and Family Court proceedings often overlap, it is important to have an attorney who understands how the two courts interact. A New York family-law or criminal defense attorney can help you seek appropriate custody or visitation orders while ensuring you remain in compliance with the existing Order of Protection.