To get a restraining order in New York, called an Order of Protection, you file a Family Offense Petition at your local Family Court, appear before a judge the same day for a temporary order if you qualify, have the other person served with the papers, and then return for a full hearing where the court can issue a final order lasting up to two years (or five in more serious cases). There is no filing fee.
Who Can File
Family Court handles protection orders only between people with a specific relationship. You can file there if the person you need protection from is your current or former spouse, a blood relative, someone related to you by marriage, someone you share a child with, or someone you have or had an intimate relationship with. An intimate relationship means more than a casual acquaintance or ordinary social interaction; the court looks at how long it lasted, how often you interacted, and its nature. It does not have to be sexual.
If the person threatening you is a stranger, a neighbor, or someone else outside those categories, Family Court cannot help. Report the behavior to police, who can pursue criminal charges that may lead to an order through Criminal Court.1New York State Courts. Difference Between Criminal and Family Orders of Protection
Behavior That Qualifies
You cannot get a Family Court order simply because someone is being rude or difficult. The conduct you allege has to match one of the crimes listed as a “family offense” in New York’s Family Court Act:
- Harassment or aggravated harassment — repeated unwanted contact, threats, or alarming behavior
- Stalking — following, surveilling, or a course of conduct that causes fear
- Menacing — placing someone in fear of physical injury
- Assault or attempted assault
- Strangulation or criminal obstruction of breathing
- Reckless endangerment
- Disorderly conduct
- Criminal mischief (intentional property damage)
- Sexual misconduct, forcible touching, or sexual abuse
- Coercion
- Identity theft or grand larceny
- Sharing intimate images without consent
You still have to prove the behavior happened. The Family Court standard is “preponderance of the evidence,” meaning more likely than not. That is lower than criminal court’s “beyond a reasonable doubt,” but you cannot base a petition solely on fears about what someone might do in the future.1New York State Courts. Difference Between Criminal and Family Orders of Protection
Which Court to Use
Three New York courts can issue an Order of Protection, and the right one depends on your situation.
- Family Court. You start the case yourself by filing a Family Offense Petition. This is the most common route for domestic violence victims and the one this guide walks through.
- Criminal Court. If police arrest the person or a district attorney files charges, the criminal court can issue a protection order as a condition of release or bail. You do not start this yourself, but you can ask the arresting officer or DA to request one on your behalf.
- Supreme Court. If you are going through a divorce, the Supreme Court handling that case can issue a protection order as part of the proceedings. You request one by motion.
Filing in Family Court does not prevent a criminal case, and vice versa. Some people end up with orders from both courts at the same time.2Office for the Prevention of Domestic Violence. Orders of Protection
What to Gather Before You File
Collect as much identifying information about the respondent as you can: full name, date of birth, home and work addresses, and a physical description. The more detail you provide, the easier it is for law enforcement to serve and enforce the order.
Write out a clear, chronological account of what happened. Include specific dates, times, and locations for each incident. Judges look for concrete facts, so “on March 5 at approximately 8 p.m. outside my apartment, he grabbed my arm and threatened to hurt me” is far more useful than “he has been threatening me for months.”
Supporting evidence strengthens your petition. Gather photographs of injuries or property damage, screenshots of threatening texts or emails, voicemails, and police report numbers from prior incidents. You do not need all of this to file, but it helps at both the temporary and final stages.
The main document you will complete is the Family Offense Petition, available at the Family Court clerk’s office or on the New York State Courts website.3New York State Courts. Filing for a Family Court Order of Protection
If you have relocated to escape abuse and are worried about your address appearing in court records, New York runs an Address Confidentiality Program through the Department of State. It gives you a substitute mailing address to use on official documents, forwards your mail, and accepts legal papers on your behalf. Enrollment is free. You can reach the program at (855) 350-4595 or ACP@dos.ny.gov.4New York Department of State. Address Confidentiality Program
Filing and Your First Court Appearance
Bring your completed petition and supporting documents to the Family Court clerk’s office. There is no filing fee for any Family Court matter, including protection orders.5New York State Courts. Filing Fees
The clerk will review your paperwork, assign a docket number, and schedule you to see a judge. In most courthouses this happens the same day. This first appearance is an ex parte hearing: the respondent is not there and has not been notified yet. The judge will place you under oath and ask questions about the incidents in your petition.6New York State Courts. Domestic Violence (Family Offense)
If the judge finds sufficient reason to believe a family offense occurred and that you need immediate protection, the court will issue a Temporary Order of Protection, valid only until the next court date. The judge will also issue a summons directing the respondent to appear for the full hearing.
Serving the Respondent
A Temporary Order of Protection has no legal force until the respondent has been formally served with a copy of it, along with the summons and your petition. You cannot serve these papers yourself. Service must be performed by a sheriff’s deputy, a police officer, or any person over 18 who is not a party to the case.
After delivering the papers, the server fills out an Affidavit of Service (sometimes called Proof of Service), gets it notarized, and files it with the court clerk. Without it on file, the court cannot hold the respondent accountable for the order’s terms and usually cannot proceed with the hearing.
If the respondent is actively avoiding service or cannot be located, the court may allow alternative methods such as service by mail. You would need to ask the judge and show reasonable efforts to serve through normal channels first.
The Full Hearing
The full hearing is where the case gets decided. Both you and the respondent have the right to appear, bring an attorney, present evidence, call witnesses, and testify under oath. If you are representing yourself, prepare your documents, photographs, and witnesses ahead of time.
Many cases never reach a full trial. On the hearing date, a court attorney often meets with both parties to see whether the respondent will agree to a protection order voluntarily. When a respondent consents, they typically do so without admitting wrongdoing. A consent order protects you the same way as one issued after trial, and violating it carries the same consequences. The difference is that a consent order does not establish a finding of wrongdoing you could use in other proceedings, such as a custody dispute.6New York State Courts. Domestic Violence (Family Offense)
If the respondent refuses to agree, the case goes to trial. Prove your case and the judge issues a Final Order of Protection. If the evidence falls short, the petition is dismissed. If the respondent doesn’t show up at all after being properly served, the judge can enter a default order based on your testimony and evidence alone.
What the Final Order Contains and How Long It Lasts
A Final Order of Protection can require the respondent to stay away from your home, workplace, and school, and to stop all contact by phone, text, email, or any other means.7Legal Information Institute. New York Comp. Codes R. and Regs. Tit. 22 205.74
The court can also address child custody and visitation, require the respondent to attend a batterer’s program, or impose other conditions tailored to your situation. The terms depend on what the judge considers necessary for your safety.
A standard Final Order of Protection lasts up to two years. If the court finds aggravating circumstances on the record, it can last up to five. Aggravating circumstances include use of a weapon, serious physical injury, or prior violations of protection orders.8New York State Senate. New York Family Court Act FCT 842
To change the order’s terms before it expires, file a motion or petition with the court that issued it. If the order is close to expiring and you still need protection, contact the court well before the expiration date to ask about extension. Once an order has expired, you have to file a new petition and start over.2Office for the Prevention of Domestic Violence. Orders of Protection
If the Respondent Violates the Order
Call 911 immediately. Do not wait. Police can arrest the respondent on the spot for a violation, even without a warrant. Keep a copy of the order with you at all times so you can show it to responding officers.
A respondent who violates an Order of Protection faces criminal contempt charges. A basic violation, such as contacting you when the order prohibits it or showing up at a location they’ve been ordered to avoid, is criminal contempt in the second degree, a Class A misdemeanor punishable by up to one year in jail.9New York State Senate. New York Penal Law 215.50 – Criminal Contempt in the Second Degree
More serious violations can be charged as criminal contempt in the first degree, a Class E felony carrying up to four years in state prison. This applies when the violation involves physical contact, threats, intimidation, or property damage, or when the respondent has prior contempt convictions.10New York State Senate. New York Penal Law 215.51 – Criminal Contempt in the First Degree
Firearms, Out-of-State Enforcement, and Time Off Work
Federal law prohibits anyone subject to a qualifying protection order from possessing firearms or ammunition. Under 18 U.S.C. § 922, the ban applies when the order was issued after a hearing where the respondent had notice and an opportunity to participate, and the order either finds the respondent poses a credible threat to your physical safety or explicitly prohibits use or threatened use of force against you. A Temporary Order of Protection issued ex parte typically does not trigger this ban; a qualifying final order does. Violating the federal firearms prohibition is a separate federal crime carrying up to 10 years in prison.11Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
If you relocate, your New York order stays valid. Under the Violence Against Women Act, every state must give full faith and credit to protection orders issued by other states and enforce them as if they were local. No state can require you to register the order first, but voluntarily registering it with local law enforcement puts it into local databases so police can verify it quickly. Keep a certified copy with you when possible.12Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders
New York law prohibits employers from firing or punishing you for missing work to attend court if you are a crime victim, a witness, or are seeking an Order of Protection from Family Court. Tell your employer the day before you will be absent; you may need to provide proof of attendance afterward. The employer does not have to pay you for that time. Separately, New York’s Safe Leave law lets employees use accrued sick time for domestic violence–related purposes, including meeting with an attorney, working with law enforcement, attending court, safety planning, or relocating. Whether that sick leave is paid or unpaid depends on the size of your employer.13Office for the Prevention of Domestic Violence. Sick Leave/Safe Time
Getting Help
You do not need a lawyer to file for an Order of Protection, and many people go through the process on their own. The Family Court clerk’s office provides the forms and explains where to file, though clerks cannot give legal advice. In New York City, the Family Court’s Volunteer Attorney Program offers brief free consultations to people without lawyers in protection order cases, though those attorneys do not represent you in court.14New York State Courts. Self-Represented Services / Help Center
Safe Horizon and similar organizations provide advocacy and support for domestic violence victims moving through the court system. Local legal aid offices across the state may represent you at no cost if you qualify based on income. If your case is heading to a contested trial, an attorney makes a meaningful difference in how effectively you can present evidence and respond to the respondent’s arguments.