To file harassment charges in New York, you document what happened, report it to your local police precinct with that evidence, and let the district attorney’s office review the case and draft the formal criminal complaint. If the person harassing you is a spouse, former spouse, co-parent, current or former intimate partner, or a relative by blood or marriage, you have a second path: filing a family offense petition directly in Family Court, with or without pursuing criminal charges at the same time.1New York State Senate. New York Family Court Act 812 – Procedures for Family Offense Proceedings
Step 1: Document the Harassment Before You Report It
Evidence is what separates a complaint that moves forward from one that stalls at the precinct desk. Before you walk into a police station, pull together everything you have.
Save every digital communication. Texts, emails, voicemails, social media messages, and screenshots of posts all help establish a pattern and show intent. Preserve the original files where you can, not just screenshots, because prosecutors may need to verify messages are authentic. Keep timestamps intact. Do not delete voicemails. If a doorbell camera or security system captured anything, download and back up the footage.
Physical items matter too: handwritten notes, damaged property, anything tied to the incidents.
Build a simple timeline. Dates, times, locations, what happened, who was there. Vague reports are hard for officers to act on, and specifics are what let a prosecutor connect incidents into a case.
Identify witnesses early. Anyone who saw the behavior, overheard a threat, or received a forwarded message can corroborate your account. Courts look for consistency between a victim’s statement and independent witnesses, so a short list of names and contact information gives the prosecutor more to work with.
Step 2: File a Police Report
Reporting to your local precinct is the first formal step. Bring printed copies of your messages, your timeline, and your witness list. The more organized your presentation, the easier it is for officers to take action.2New York City Police Department. How to Report a Crime
Officers will interview you about each incident and may contact your witnesses separately. Be specific. The result is a written police report that forms the foundation of any criminal prosecution.
If you are in immediate danger, call 911. For ongoing but non-emergency harassment, going to the precinct in person tends to produce a more thorough report than a non-emergency phone line.
If the Police Won’t Take Your Report
Sometimes officers say the conduct does not rise to a criminal level, or decline to write it up. You have options. Ask to speak with a supervisor at the precinct. You can also contact the district attorney’s office directly to discuss whether what happened meets the legal threshold. For situations involving potential civil rights violations or police misconduct in handling the complaint itself, the U.S. Department of Justice Civil Rights Division accepts reports through its online portal.3U.S. Department of Justice, Civil Rights Division. Contact the Civil Rights Division
Step 3: The District Attorney Files the Charges
In New York, individuals do not file criminal charges themselves. After the police report, an assistant district attorney reviews the facts with the investigating officer and sometimes with you directly. The ADA decides whether the evidence supports charges, chooses which charges to file, and drafts the formal criminal complaint that goes to the court.4Manhattan District Attorney’s Office. Criminal Justice System – How It Works
The DA has discretion. They may upgrade the charges, reduce them, or decline to prosecute if they consider the case too weak. Harassment charges in New York range from a violation (second-degree harassment, up to 15 days in jail) up to a Class E felony for bias-motivated aggravated harassment in the first degree (up to four years in prison), and the ADA matches the charge to what the evidence shows.5New York State Senate. New York Penal Law 240.26 – Harassment in the Second Degree6New York State Senate. New York Penal Law 240.31 – Aggravated Harassment in the First Degree
Once filed, the case is placed on the court calendar for arraignment, and the matter moves into the criminal court system. Misdemeanor harassment cases in New York City often take several months to resolve. Staying in contact with the assigned ADA and responding quickly to their requests keeps the case moving.
The Family Court Path for Family and Partner Harassment
If the person harassing you is a family or household member, Family Court is a parallel option you can use instead of or alongside a criminal case. New York law gives Family Court and criminal courts overlapping jurisdiction over harassment between spouses, former spouses, parents and children, people who share a child, people in current or former intimate relationships, and relatives by blood or marriage.1New York State Senate. New York Family Court Act 812 – Procedures for Family Offense Proceedings
You file a family offense petition at the Family Court in your county. The proceeding is civil, so the harasser will not face jail time through this process alone, but Family Court can issue an order of protection, and violating that order is itself a crime. You do not need a lawyer to file, though you have the right to one, and if the court finds you cannot afford counsel, it must appoint an attorney at no cost.
If the person harassing you is not a family or intimate-partner relation, Family Court is not available and the criminal route through the police and DA is the only filing path.
Ask for an Order of Protection
An order of protection directs the harasser to stay away from you, stop contacting you, or both. These orders can come from three courts in New York: criminal courts issue them as a condition of a defendant’s release in a pending case, Family Court issues them in family offense proceedings, and Supreme Court issues them during a divorce.7New York State Unified Court System. Frequently Asked Questions – Obtaining an Order of Protection
A typical order can prohibit the harasser from coming to your home, workplace, or school, and from contacting you by phone, text, or social media. Temporary orders can be issued the same day you petition and remain in effect until a full hearing, after which the court may extend or modify them.
If you later move to another state, your New York order remains enforceable. Federal law requires every state and tribal jurisdiction to honor valid protection orders issued elsewhere, and the harasser does not need to be separately served or registered in the new state for the order to apply.8Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders
Report every violation of an order, even minor ones. At a minimum, a violation is criminal contempt in the second degree, a Class A misdemeanor carrying up to 364 days in jail. If the violation involved threats, displaying a weapon, following you, or harassing communications, it escalates to criminal contempt in the first degree, a Class E felony punishable by up to four years in prison.9New York State Senate. New York Penal Law 215.51 – Criminal Contempt in the First Degree A documented pattern of violations strengthens the underlying case and can produce upgraded charges.
How Long You Have to File
New York imposes deadlines on criminal prosecutions. For misdemeanor harassment offenses, including first-degree harassment and aggravated harassment in the second degree, prosecution must begin within two years of the offense. For felony aggravated harassment in the first degree, the deadline is five years.10New York State Senate. New York Criminal Procedure Law 30.10 – Timeliness of Prosecutions
The clock runs from the date of the last harassing act, not from the date you report. Waiting still weakens the case: witnesses forget, platforms purge data, and the gap between incident and report cuts into what the prosecutor can prove. Report as soon as you safely can.
When the Case Belongs to Federal Authorities
If the harasser is in another state or uses the internet to threaten you, federal law may apply alongside the state charges. The federal stalking statute makes it a crime to use the mail, internet, or any electronic communication service to engage in a course of conduct that places someone in reasonable fear of death or serious bodily injury, or that causes substantial emotional distress.11Office of the Law Revision Counsel. 18 U.S. Code 2261A – Stalking A separate statute covers interstate threats to injure, with penalties of up to five years in federal prison.12Office of the Law Revision Counsel. 18 U.S. Code 875 – Interstate Communications
Report cyber-enabled or interstate conduct to the FBI’s Internet Crime Complaint Center at ic3.gov in addition to your local police.13Federal Bureau of Investigation. Cyber
Getting Help With the Process
You do not need a lawyer to file a police report or a Family Court petition, but one improves your odds. An attorney can help you decide which path to take, prepare evidence for the prosecutor, and represent you at hearings. In harassment cases, outcomes often turn on how clearly the evidence is organized and presented.
Free legal aid may be available. The Legal Services Corporation funds legal aid programs across New York, with eligibility generally based on income at or below 125% of the federal poverty guidelines. For 2026, that is $19,950 for a single person or $41,250 for a household of four.14Federal Register. Income Level for Individuals Eligible for Assistance Some programs make exceptions for applicants earning up to 200% of the guidelines.
The New York State Office of Victim Services funds assistance programs in every county that help with safety planning, court accompaniment, and counseling referrals, and the Office for the Prevention of Domestic Violence maintains county-by-county hotlines and resources.15Office of Victim Services. Help for Crime Victims If the harassment caused out-of-pocket costs like medical bills or counseling, the Office of Victim Services also administers a compensation program that can reimburse eligible expenses.16Office of Victim Services. Victim Compensation