How to Get an Order of Protection in New York
A clear overview of Family Court and Criminal Court Orders of Protection in New York.
Understanding New York Orders of Protection (Plain Language Guide)
What an Order of Protection Is
An order of protection (often called a “restraining order”) is a court document that tells a person to stop certain behaviour and to follow specific rules. It is meant to reduce the risk of harm, threats, or ongoing harassment.
This page gives general information about New York State orders of protection in simple terms. It is not legal advice.
Family Court Orders vs. Criminal Court Orders
In New York, orders of protection can come from different courts. The rules they include can be similar, but how they start and what cases they are connected to is different.
Family Court Orders of Protection
Family Court can issue an order of protection in a “family offense” case. These cases are civil, not criminal. They focus on safety, not on giving someone a criminal record.
Family Court usually handles situations between people who have a specific relationship, such as:
- People who are or were married
- People who are related by blood or marriage
- People who have a child together
- People who have been in an intimate relationship (not only sexual; the court looks at how close and ongoing the relationship is)
A Family Court order does not by itself give the other person a criminal conviction. However, if that person disobeys the order, police may get involved and criminal charges can follow.
Criminal Court Orders of Protection
Criminal Court can issue an order of protection in a criminal case. This happens when the police or prosecutor charge someone with a crime, such as assault, harassment, threatening, or stalking.
Key points:
- The case is between the government (the prosecutor) and the accused person.
- The order is usually connected to the criminal charge and may change as the case moves forward.
- If the accused breaks the order, it is usually treated as a crime and can lead to arrest, additional charges, or bail changes.
Having Orders from Both Courts
It is possible to have a Family Court order and a Criminal Court order at the same time, involving the same person. They may have similar or different rules. The person covered by the orders can carry copies and show them to police if needed.
Who May Ask for a Family Court Order
For Family Court, a person usually:
- Fills out forms (a petition) at Family Court, describing what happened in simple terms
- Explains the relationship to the other person
- Asks for an order of protection based on specific behaviour (called “family offenses,” such as assault, menacing, stalking, or harassment)
Family Court is generally for people who meet the relationship rules listed above. If there is no qualifying relationship (for example, a neighbour or stranger), an order might only be available through Criminal Court or another type of case.
How Criminal Court Orders Start
Criminal Court orders of protection usually begin when:
- Police are called and make an arrest; and
- The accused person is brought to court, or the case is started by the prosecutor.
The judge can then issue a temporary order of protection as part of the criminal case. The protected person does not have to start the paperwork personally, but may be asked for information or to speak with the prosecutor.
Temporary Orders, Service, and Hearings
Temporary Orders of Protection
A judge can give a temporary order of protection (often called a “TOP”) before there is a full hearing or trial, to provide immediate rules and safety boundaries.
In Family Court, this can sometimes happen the same day the petition is filed, especially if someone reports ongoing harm or threats. In Criminal Court, a temporary order is often given at the first appearance of the accused person.
Service of the Order
“Service” means the other person is officially given the court papers so they know what is required. Common methods include:
- Personal delivery by a sheriff or process server
- Service by police
The order usually does not become fully enforceable against the other person until they have been served or clearly informed of it, although rules can vary based on the situation.
The Court Hearing
After the temporary order is issued, the court will set a date for the other person to appear and respond.
Possible next steps in Family Court can include:
- An adjournment (postponement) while both sides get legal help or prepare
- An agreement (consent) to an order of protection, sometimes “without admission” of wrongdoing
- A fact-finding hearing (similar to a trial) where each side can present witnesses or other information
In Criminal Court, what happens next depends on the criminal case. The order may be continued, changed, or end when the case is finished.
Common Protections in a New York Order of Protection
The details of each order depend on the case and the judge. Some common rules that can appear in an order include:
- Stay-away provisions – The other person may be ordered to stay away from your home, workplace, school, or other places you often go.
- No-contact provisions – The other person may be told not to contact you in any way, including in person, by phone, text, email, messages through friends, or on social media.
- Limited-contact provisions – Sometimes the order allows contact only for certain reasons, such as arranging child visits, and often requires peaceful communication.
- Refrain-from provisions – The order may say the person must not assault, threaten, stalk, harass, or otherwise interfere with you.
- Firearms restrictions – In some cases, the judge may require the other person to surrender guns or weapons and may block them from getting new ones.
- Exclusion from the home – The order can sometimes direct the other person to move out of a shared home, even if their name is on the lease, depending on what the judge decides.
- Rules around children – The order may address temporary custody, visitation, or contact between the other person and any children, especially if safety is a concern.
- Other conditions – The judge can add other rules, such as staying away from certain family members, not harming pets, or following existing custody or support orders.
How Long Orders of Protection Usually Last
Family Court Orders
In Family Court, a final order of protection often lasts up to two years. In some cases, it may be longer (for example, up to five years) if there are certain serious factors, such as injury, use of a weapon, or a history of repeated behaviour. The specific length is decided by the judge and written on the order.
Temporary Family Court orders usually last until the next court date, and can be extended from one date to the next until the case is finished.
Criminal Court Orders
In Criminal Court, temporary orders often remain in place while the criminal case is open. If the accused person is convicted or takes a plea, the judge may issue a final order of protection as part of the sentence. The length can vary, for example:
- For some misdemeanours, often up to several years
- For some felonies, sometimes longer
The exact time period will be stated on the order itself.
Changing, Extending, or Ending an Order
Any changes to an order of protection usually must be made by the court, not by agreement between the people involved. Asking for changes often means going back in front of a judge and explaining why a change is requested. Courts may also have processes for requesting an extension when the end date is getting close.