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All Laws Decoded

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

Getting an order

Types of ordersOrders 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 orderIn 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 askFile 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.

Emergency orders and the hearing

Emergency / temporary ordersWhen 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.
Serving the orderThe 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.
The court hearingA 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 an order lastsA 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 the order does

What an order can requireRequire 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.
FirearmsAn order of protection can require the restrained person not to own or have access to guns.
If the order is violatedReport 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 privateThe 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.

Forms and help 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

More New York law

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.