How to Get a Restraining Order in New York
In New York these are called Order of Protection (temporary and final), issued by Family Court on a Family Offense Petition, or by Criminal Court, Supreme Court, or an Integrated Domestic Violence (IDV) Court. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for New York
- Emergency / temporary orders
- When a family offense petition is filed, the Family Court can issue a temporary order of protection for good cause, either ex parte (without the other person present or notified) or on notice. N.Y. Family Court Act § 828; NYS OPDV, Orders of Protection
- How long an order lasts
- A Family Court final order of protection can last up to two years, or up to five years if the court finds aggravating circumstances or that the conduct violated an existing valid order of protection. N.Y. Family Court Act § 842
- Where to ask
- File a Family Offense Petition in Family Court. When Family Court is closed, town and city courts can issue temporary orders, but you must still go to Family Court when it reopens. NYS OPDV, Orders of Protection
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Orders of protection can come from Family Court (by filing a Family Offense Petition), Criminal Court (as a condition of release or bail when someone is charged with a crime), Supreme Court (during a divorce), or an Integrated Domestic Violence (IDV) Court that hears both family and criminal cases. Family cases use a lower standard of proof than criminal cases, and Family Court records are private. |
|---|---|
| Who can ask for an order | In Family Court, a family offense petition can be filed by a member of the same family or household as the person who caused harm: people related by blood or marriage; current or former spouses; people who have a child together (whether or not they married or lived together); and people who are or were in an 'intimate relationship' (not a casual acquaintance or ordinary business or social contact), whether or not they lived together, plus relatives of someone in such a relationship. A case can also be started by an authorized agency, a peace or police officer, or the court. If the person is not in one of these relationships, a criminal court can issue an order of protection once that person is charged with a crime. |
| Where to ask | File a Family Offense Petition in Family Court. When Family Court is closed, town and city courts can issue temporary orders, but you must still go to Family Court when it reopens. In a criminal case, the District Attorney can request an order, or the arresting officer can ask a judge after hours. During a divorce, ask the Supreme Court judge. Source: NYS OPDV, Orders of Protection |
Emergency orders and the hearing
| Emergency / temporary orders | When a family offense petition is filed, the Family Court can issue a temporary order of protection for good cause, either ex parte (without the other person present or notified) or on notice. A temporary order is not a finding of wrongdoing. When Family Court is closed, local town and city courts can issue temporary orders, but you still need to go to Family Court when it reopens. |
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| Serving the order | The order must be served on the restrained person to be valid and enforceable. Police, a hired service, or any adult over 18 other than the protected person can serve it; it can also be served in court if the person is present. Source: NYS OPDV, Orders of Protection |
| The court hearing | A Family Court judge decides whether to issue a final order after the case is heard. The person asking for the order must be present and take part. Family Court uses a lower standard of proof (preponderance of the evidence) than criminal court (beyond a reasonable doubt). Some courts allow filing and attending hearings remotely. In a criminal case, the District Attorney handles the case and may be able to proceed without the victim if there is other evidence. Source: NYS OPDV, Orders of Protection |
| How long an order lasts | A Family Court final order of protection can last up to two years, or up to five years if the court finds aggravating circumstances or that the conduct violated an existing valid order of protection. On motion, the court can extend an order for a reasonable period for good cause or with both parties' consent. Source: N.Y. Family Court Act § 842 |
What the order does
| What an order can require | Require the person not to injure, threaten or harass you or others named; have no contact with you, your family, household members, or your children (of any age); move out of your home; follow custody orders for shared children; pay child support; and not own or have access to guns. Source: NYS OPDV, Orders of Protection |
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| Firearms | An order of protection can require the restrained person not to own or have access to guns. Source: NYS OPDV, Orders of Protection |
| If the order is violated | Report a violation to the Family Court, call the police, or contact a domestic violence advocate. The protected person cannot violate their own order and cannot be arrested for contacting the restrained person; only the restrained person is legally obligated to avoid contact. |
Children and privacy
| Keeping your address private | The New York State Department of State runs the Address Confidentiality Program (ACP), which gives eligible participants a substitute address and free mail forwarding to protect their real address. For help or questions, call 1-855-350-4595. |
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Forms and help in New York
- New York courts: protective order help
- NYS Office for the Prevention of Domestic Violence (OPDV) - 24/7 confidential domestic and sexual violence hotline — 800-942-6906 (call); text 844-997-2121
- Free legal aid in New York
New York protective order FAQ
What kinds of protective orders are available in New York?
Orders of protection can come from Family Court (by filing a Family Offense Petition), Criminal Court (as a condition of release or bail when someone is charged with a crime), Supreme Court (during a divorce), or an Integrated Domestic Violence (IDV) Court that hears both family and criminal cases. Family cases use a lower standard of proof than criminal cases, and Family Court records are private.
Who can get a restraining order in New York?
In Family Court, a family offense petition can be filed by a member of the same family or household as the person who caused harm: people related by blood or marriage; current or former spouses; people who have a child together (whether or not they married or lived together); and people who are or were in an 'intimate relationship' (not a casual acquaintance or ordinary business or social contact), whether or not they lived together, plus relatives of someone in such a relationship. A case can also be started by an authorized agency, a peace or police officer, or the court. If the person is not in one of these relationships, a criminal court can issue an order of protection once that person is charged with a crime.
Where do I file for a restraining order in New York?
File a Family Offense Petition in Family Court. When Family Court is closed, town and city courts can issue temporary orders, but you must still go to Family Court when it reopens. In a criminal case, the District Attorney can request an order, or the arresting officer can ask a judge after hours. During a divorce, ask the Supreme Court judge.
How fast can I get an emergency protective order in New York?
When a family offense petition is filed, the Family Court can issue a temporary order of protection for good cause, either ex parte (without the other person present or notified) or on notice. A temporary order is not a finding of wrongdoing. When Family Court is closed, local town and city courts can issue temporary orders, but you still need to go to Family Court when it reopens.
What happens at the restraining order hearing in New York?
A Family Court judge decides whether to issue a final order after the case is heard. The person asking for the order must be present and take part. Family Court uses a lower standard of proof (preponderance of the evidence) than criminal court (beyond a reasonable doubt). Some courts allow filing and attending hearings remotely. In a criminal case, the District Attorney handles the case and may be able to proceed without the victim if there is other evidence.
How long does a restraining order last in New York?
A Family Court final order of protection can last up to two years, or up to five years if the court finds aggravating circumstances or that the conduct violated an existing valid order of protection. On motion, the court can extend an order for a reasonable period for good cause or with both parties' consent.
What can a protective order do in New York?
Require the person not to injure, threaten or harass you or others named; have no contact with you, your family, household members, or your children (of any age); move out of your home; follow custody orders for shared children; pay child support; and not own or have access to guns.
Does a protective order affect firearms in New York?
An order of protection can require the restrained person not to own or have access to guns.
How is a restraining order served in New York?
The order must be served on the restrained person to be valid and enforceable. Police, a hired service, or any adult over 18 other than the protected person can serve it; it can also be served in court if the person is present.
What happens if someone violates a protective order in New York?
Report a violation to the Family Court, call the police, or contact a domestic violence advocate. The protected person cannot violate their own order and cannot be arrested for contacting the restrained person; only the restrained person is legally obligated to avoid contact.
Can I keep my address confidential in New York?
The New York State Department of State runs the Address Confidentiality Program (ACP), which gives eligible participants a substitute address and free mail forwarding to protect their real address. For help or questions, call 1-855-350-4595.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.