To get a protective order in New York, you can take one of three routes: file a family offense petition yourself in Family Court, let the district attorney request one on your behalf in Criminal Court after an arrest, or ask for one in Supreme Court if you are already in a divorce case. Family Court filing is free, and a judge can issue a temporary order the same day you file if there is good cause. Both sides have a right to a lawyer, and if you cannot afford one the court assigns one at no cost.
Which court fits depends on your relationship with the person and whether a crime has been charged. The rest of this guide walks through who qualifies, how to file, what the order can require, and what it unlocks for housing, work, and your children.
Who Can File in Family Court
Family Court is limited to people in specific relationships with the respondent. You qualify if the person is a current or former spouse, a blood relative, someone related to you by marriage, a person you share a child with, or someone you are or were in an intimate relationship with.1New York State Unified Court System. Frequently Asked Questions – Obtaining An Order of Protection
“Intimate relationship” is broader than many people expect. It reaches dating partners and former partners even if you never lived together or had a child together. Courts look at how long the relationship lasted, how often you interacted, and its nature. Casual acquaintances and ordinary social contact do not count.
Criminal Court has no relationship requirement. If someone is arrested and charged with a crime against you, the judge can issue an order of protection whether or not you know the defendant.
How to File in Family Court
You start by filing a family offense petition in person at the Family Court in your county. There is no filing fee. Court staff can help you complete the paperwork, and a domestic violence advocate can file on your behalf and support you through the case.2New York State Unified Court System. Filing a Family Offense Petition (Domestic Violence)
The petition needs to describe what the respondent did, identify which family offenses were committed, and state what you want the judge to order. Family offenses cover a wide range of conduct, including assault, harassment, stalking, menacing, reckless endangerment, strangulation, sexual misconduct, criminal mischief, and disorderly conduct.3NYCOURTS.GOV. Cases Under Jurisdiction Of Family Court
If the judge sees an immediate safety concern, a temporary order can be issued the same day, before the respondent is notified. The court then schedules a hearing and the respondent must be served with a summons. Service can be handled by police, a process server, or any adult over 18 who is not a party to the case.4Office for the Prevention of Domestic Violence. Orders of Protection
You do not have to choose between courts. If the same conduct could support both a Family Court petition and a criminal prosecution, both can move forward at the same time.
When the Order Comes From a Criminal Case
You do not file anything yourself in Criminal Court. Once someone is arrested and charged with a crime against you, the district attorney requests the order of protection, and the judge sets the terms.5Manhattan District Attorney’s Office. Order of Protection A temporary order is typically issued at arraignment and remains in place until the next court date.
If you are in a divorce or matrimonial case, Supreme Court can issue an order of protection as part of that proceeding. You raise it through a motion or order to show cause, or by asking the judge at a court appearance.6New York State Unified Court System. Orders of Protection Basics
What a Temporary Order Can Include
A temporary order can include any condition a final order could contain. The respondent can be required to stay away from your home, workplace, and school; stop all contact; and surrender any firearms. In Family Court, a temporary order lasts until the next court date.7New York State Senate. Family Court Act Section 828 – Temporary Order of Protection
Orders come in two forms. A full order bars all contact, including calls, texts, emails, approaches, and messages passed through a third party. A limited order allows some contact but prohibits specific behavior like threats, harassment, or intimidation. Limited orders are common when the parties share custody and need to communicate about a child.
What a Final Order Does and How Long It Lasts
A final order is issued after a full hearing. In Family Court, a final order typically lasts up to two years, but a judge can extend the duration to five years if aggravating circumstances exist. Those include physical injury, use of a weapon, a history of violating prior orders, prior convictions for crimes against the protected person, or behavior showing the respondent is an immediate and ongoing danger.4Office for the Prevention of Domestic Violence. Orders of Protection
Criminal Court final orders, issued at sentencing, last longer. A felony conviction can support an order lasting up to eight years from sentencing. A class A misdemeanor conviction supports up to five years. All other offenses cap out at two years.8Office for the Prevention of Domestic Violence. Increased Maximum Duration of Criminal Orders of Protection
Firearms Surrender
New York courts must order immediate surrender of firearms and suspend any firearms license when issuing a temporary order if there is good cause to believe the respondent has a prior violent felony conviction, has willfully violated a prior order involving physical injury or a weapon, or has a stalking conviction. Surrender can also be ordered when the court finds a substantial risk that the respondent may use or threaten to use a firearm against you.9New York State Unified Court System. Surrender, Search and Seizure, and Return of Firearms
For final orders, surrender is mandatory when the respondent is convicted of a felony or a serious offense, or when the court finds a substantial risk of firearm misuse. Federal law adds a separate prohibition: anyone subject to a qualifying final order of protection cannot possess any firearm or ammunition under 18 U.S.C. § 922(g)(8), and violating that ban is punishable by up to ten years in prison.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts11Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions ATF I 3310.2
The Hearing
Family Court holds a fact-finding hearing before issuing a final order. You have to prove the respondent committed a family offense by a preponderance of the evidence, meaning it is more likely true than not. Evidence can include witness testimony, text messages, emails, photographs, medical records, and police reports. The respondent can have a lawyer, cross-examine your witnesses, and present a defense. If the judge finds sufficient proof, a dispositional hearing follows to decide the terms of the final order.12NYCOURTS.GOV. A Citizens Guide to the Family Court
In Criminal Court, the district attorney runs the case, and the burden for conviction is proof beyond a reasonable doubt. If the defendant pleads guilty or is convicted, the judge can issue a final order at sentencing.
Enforcement and Violations
Violating an order of protection is a crime. Police can arrest on the spot if they have reason to believe the order has been broken, and prosecutors do not need your permission or cooperation to bring charges. New York Penal Law sets three tiers:
- Criminal contempt in the second degree (PL 215.50) is a class A misdemeanor covering basic violations like making contact or showing up at a restricted location, with a maximum of one year in jail.
- Criminal contempt in the first degree (PL 215.51) is a class E felony that applies when the violation involves threatening behavior, stalking, displaying a weapon, repeated harassing phone calls, or physical contact with the protected person. Maximum: four years in state prison.13New York State Senate. Penal Law Section 215.51 – Criminal Contempt in the First Degree
- Aggravated criminal contempt (PL 215.52) is a class D felony that applies when the violation causes physical injury, or when someone previously convicted of first-degree criminal contempt violates an order again. Maximum: seven years in state prison.14New York State Senate. New York Penal Law 215.52 – Aggravated Criminal Contempt
Violations can also cost the respondent in Family Court. A judge may revise custody and visitation based on a failure to comply.
One point catches people out. The order binds only the respondent, not you. If you are the protected person and invite the respondent over or call first, police will still enforce the order as written, and the respondent is the one arrested.15Ontario County, NY. Orders of Protection If circumstances change, the only safe path is asking the judge to modify the order.
A New York order travels. Under 18 U.S.C. § 2265, every state, U.S. territory, and tribal jurisdiction must honor a valid protective order from another jurisdiction, and you do not have to register it locally. Carry a certified copy when you can.16Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
What Else the Order Can Do for You
Keep Your Address Private
If you are a victim of domestic violence, stalking, or sexual assault and have relocated, New York’s Address Confidentiality Program gives you a substitute mailing address so your actual location stays hidden. If you are enrolled, your address will be listed as “Confidential” in the court file and on Family Court papers. You can apply online, by mail, or with help from an Application Assistance Provider.17Department of State. Address Confidentiality Program – Frequently Asked Questions
Get Out of Your Lease
Under New York Real Property Law § 227-c, a tenant who is a victim of domestic violence can terminate a residential lease early by giving the landlord written notice. The termination date must be at least 30 days after the notice is delivered. Within 25 days of the notice, you must provide documentation, and a temporary or final order of protection qualifies. A police report or health care records related to the violence also work. Once the lease is properly terminated, you owe no rent after the termination date.18New York State Senate. New York Real Property Law 227-C – Termination of Residential Lease by Victims of Domestic Violence
Ask for Temporary Child Support
When a Family Court judge issues a temporary order of protection, the judge can order temporary child support at the same time, without a separate showing of emergency need. The court sets an amount sufficient to meet the child’s needs even if income and asset information is unavailable, and applies the standard formula when income is known. The order is treated the same as any other child support order under Article 4 of the Family Court Act.7New York State Senate. Family Court Act Section 828 – Temporary Order of Protection
Employment Protections in New York City
If you work in New York City, the Human Rights Law prohibits employers from making adverse employment decisions based on your status as a victim of domestic violence, stalking, or sex offenses, from hiring to promotions to termination. Employers must provide reasonable accommodations such as schedule adjustments or workplace safety measures unless doing so would create an undue hardship.19CCHR – NYC.gov. The Law These protections are specific to New York City; outside the city, check whether your local or county government offers similar rules.
Modifying or Ending an Order
Either party can ask the court to change or end a protective order, but judges do not grant these requests lightly. In Family Court, modifications are usually tied to a change in circumstances. You might ask for fewer restrictions after a reconciliation, or the respondent might argue the order creates an undue burden. The judge weighs whether the change serves the safety of everyone involved, especially children, and may hold a hearing before ruling.
In Criminal Court, modifications require judicial approval and usually involve input from the prosecutor. Even if you no longer want the order in place, the judge can refuse to lift it if the risk has not meaningfully decreased. Judges look at the respondent’s compliance, participation in mandated programs, and behavior since the order was issued. Orders tied to a criminal sentence are rarely ended early without a compelling reason.