An order of protection is a legal way to help keep you safe from someone who is threatening, harassing, or hurting you. If you’re in a difficult situation—whether it’s a family dispute, domestic violence, or another unsafe situation—this court order can provide legal protection and set clear boundaries.
If you’re considering getting an order of protection in New York, this guide will walk you through the process, explain the different types, and help you understand what to expect.
What Is an Order of Protection?
An order of protection is a legal document issued by a judge that restricts what another person (the respondent) can do. It may require them to stay away from you, stop contacting you, or even move out of your home. The goal is to prevent further harm, whether it’s physical, emotional, or verbal.
People usually seek orders of protection in situations involving:
- Domestic violence
- Stalking or harassment
- Threats of harm
- Custody or family disputes that turn aggressive
Types of Orders of Protection in New York
An order of protection is a legal document designed to protect individuals from harm, threats, or harassment by setting restrictions on another person’s actions. In New York, there are different types of orders of protection, each serving a specific purpose based on the relationship between the parties involved and the nature of the case.
Understanding the type of order that applies to your situation is important because the court you file in and the legal procedures involved may differ. Here’s a breakdown of the main types of orders of protection in New York, along with important legal details and answers to common questions.
1. Family Court Order of Protection
A Family Court Order of Protection is issued to protect individuals from family members or intimate partners when there is evidence of violence, threats, or harassment. This type of order is typically sought when the issue falls under family offenses, which include crimes such as:
- Assault
- Stalking
- Harassment
- Menacing
- Reckless endangerment
- Sexual misconduct
- Strangulation or criminal obstruction of breathing
- Disorderly conduct
Who Can File in Family Court?
Under New York Family Court Act § 812, you can request a Family Court Order if the person you need protection from is:
- A current or former spouse
- A co-parent (someone you share a child with)
- A blood relative (such as a parent, sibling, aunt, or uncle)
- Someone you have or had an intimate relationship with (dating partners, live-in partners, etc.)
This type of order is not available against acquaintances, coworkers, neighbors, or strangers.
How to File for a Family Court Order of Protection
To obtain a Family Court Order , you must file a family offense petition in Family Court. A judge will review your request and may issue a temporary order of protection the same day. A full hearing will be scheduled to determine whether a final order of protection is necessary.
Real-World Example:
Emily and her ex-boyfriend recently broke up, but he continues to call and text her excessively, showing up at her apartment uninvited. After he threatens to harm her, Emily files for a Family Court Order of Protection to legally require him to stay away.
2. Criminal Court Order of Protection
A Criminal Court Order is issued when someone has been charged with a crime, and the judge believes the victim needs protection. Unlike Family Court, only a prosecutor can request this type of order—the victim cannot file for it directly.
When Is a Criminal Court Order of Protection Issued?
A Criminal Court Order is typically granted in cases where the accused person (the respondent) has been arrested and charged with offenses such as:
- Domestic violence
- Assault
- Harassment
- Stalking
- Threats or intimidation
- Sexual abuse
The court may issue a temporary order of protection at the defendant’s arraignment (the first court appearance) and extend it if necessary throughout the criminal case. If the defendant is convicted, a final order of protection may be issued as part of the sentence.
What’s the Difference Between Family Court and Criminal Court Orders?
While both orders provide protection, there are key differences:
- A Family Court Order of Protection is a civil matter and does not involve criminal charges.
- A Criminal Court Order of Protection is tied to a criminal case and can only be issued if the person accused is formally charged with a crime.
Real-World Example:
John is arrested for physically assaulting his girlfriend, Lisa. The prosecutor handling the case requests a Criminal Court Order of Protection to prevent John from contacting Lisa while the case is ongoing.
3. Supreme Court Order of Protection
A Supreme Court Order of Protection is issued in cases involving divorce proceedings. If you are divorcing a spouse and need legal protection, you can request this type of order through New York Supreme Court.
When Would You Request a Supreme Court Order?
A Supreme Court Order of Protection is typically sought when there is:
- Domestic violence in the marriage
- Threats or harassment during the divorce process
- Custody disputes with safety concerns
The judge handling your divorce case can grant this order to ensure safety while resolving legal matters such as child custody, alimony, and property division.
Real-World Example:
Jessica is divorcing her husband, who has a history of verbal abuse and threats. As part of the divorce proceedings, her attorney requests a Supreme Court Order of Protection to prevent him from harassing or threatening her during the case.
4. Temporary vs. Final Orders of Protection
Not all orders of protection are permanent. Courts often issue temporary orders first, which can later become final orders depending on the case.
Temporary Order of Protection
- Issued when a judge believes immediate protection is needed.
- Can be granted the same day a petition is filed.
- Lasts until the next court date (usually a few weeks or months).
A temporary order of protection provides quick relief while the court reviews the case. It may include restrictions like no contact, staying away from specific locations, or moving out of a shared residence.
Final Order of Protection
- Issued after a full hearing, where both sides present evidence.
- Can last between one to five years, depending on the case.
- May include long-term restrictions, such as permanent no-contact orders or required counseling.
New York Criminal Procedure Law § 530.12 allows final orders of protection to last up to five years if the court finds aggravating circumstances, such as:
- A history of prior abuse
- Serious physical injuries
- Violations of past protective orders
Real-World Example:
Ben files for an order of protection after his ex-wife repeatedly harasses him. The judge grants a temporary order of protection immediately. After a full hearing, the court issues a final order for two years, requiring his ex-wife to stay away from him completely.
Which Order of Protection Do You Need?
The type of order of protection you need depends on your situation:
- Family Court – If you need protection from a family member, spouse, or intimate partner.
- Criminal Court – If someone has committed a crime against you, and the prosecutor is involved.
- Supreme Court – If you are divorcing and need legal protection during the process.
Regardless of the type, an order of protection can be a critical tool for ensuring safety and preventing further harm.
Steps to Get an Order of Protection in New York
If you need an order of protection, it’s important to know what to expect and how to navigate the process. While it may feel overwhelming, following the right steps can help you get the legal protection you need to feel safe. Here’s a complete breakdown of how to obtain an order of protection in New York, including what happens at each stage and answers to common concerns.
Step 1: Figure Out Where to File
Before you can request an order of protection, you need to file in the correct court. The court you choose depends on your relationship with the person you need protection from and whether a crime has been committed.
Where Should You File?
- Family Court – If the issue involves a family member or intimate partner (such as a spouse, ex-spouse, co-parent, or someone you were in a serious relationship with).
- Criminal Court – If the person has committed a crime against you, such as physical assault, harassment, or stalking. In this case, you would file a police report, and the prosecutor (not you) will request an order of protection on your behalf.
Real-World Example:
Sarah and her ex-boyfriend broke up months ago, but he won’t stop showing up at her job and sending threatening messages. Because they were in a past relationship, Sarah can file for an order in Family Court.
On the other hand, if Sarah’s ex-boyfriend physically assaulted her outside her workplace and the police were called, the prosecutor would file for an order in Criminal Court as part of the assault case.
Step 2: Fill Out a Petition or Report the Incident
Once you’ve determined which court to file in, the next step is to officially request an order of protection. How you do this depends on the type of case.
Filing in Family Court
If you are filing in Family Court, you will need to complete a family offense petition. This form explains what happened and why you need protection. You will describe the incidents in detail, including any threats, violence, harassment, or stalking behavior.
You do not need a police report to file in Family Court, but it can help strengthen your case if you have one.
Tip: Be as specific as possible. Instead of saying, “He threatened me,” you might write, “On March 5th, he called me five times, left threatening voicemails, and showed up outside my apartment yelling that he would hurt me.”
Filing in Criminal Court
If a crime has been committed, you will need to file a police report instead of a petition. The police will investigate, and if there is enough evidence, the case will be handled in Criminal Court. The prosecutor will then request an order on your behalf.
Real-World Example:
Mike’s neighbor keeps making threats and has physically shoved him in the hallway. Mike calls the police, and they arrest the neighbor for harassment and assault. Because a crime was committed, the prosecutor will file for an order in Criminal Court to keep Mike safe.
Step 3: Go to Court
After filing, the court will schedule a hearing where a judge will review your request. Depending on the situation, the judge may issue a temporary order right away to provide immediate protection while waiting for the full hearing.
What Happens at the Hearing?
Both you (the petitioner) and the other person (the respondent) will have a chance to speak in court. The judge will listen to both sides, review any evidence, and decide whether to issue a final order of protection.
What If You’re Afraid to Face the Respondent in Court?
It’s understandable to feel nervous about seeing the person you need protection from. In some cases, the court can arrange for a separate waiting area or allow you to appear virtually. If you have concerns, talk to the court clerk or your lawyer beforehand.
What If the Respondent Doesn’t Show Up?
If the other person doesn’t come to court, the judge may still issue a final order of protection based on your testimony and evidence.
Step 4: Follow the Order’s Terms
If the judge grants the order, the respondent must follow its terms. Orders of protection can include various restrictions, such as:
- Staying away from you (your home, job, or school)
- No contact via phone, text, email, or social media
- Moving out of a shared residence
- Surrendering firearms
- Following specific rules related to child custody and visitation
The judge will decide on the length of the order based on the severity of the case. Final orders typically last up to two years, but they can be extended to five years in cases with serious threats or prior violations.
What If the Order Is Violated?
Violation is a serious offense in New York. If the respondent does not follow the terms, they can be arrested and face criminal charges.
What Should You Do If the Order Is Violated?
- Call the police immediately. Show them a copy of the order of protection.
- Document the violation. Save text messages, voicemails, security footage, or any other evidence.
- Report the violation to the court. The judge can take further action, such as issuing a stricter order or pressing additional charges.
Real-World Example:
Lisa got a final order of protection against her ex-husband, stating that he cannot come within 500 feet of her home. A few weeks later, he shows up at her apartment building. Lisa calls the police, and they arrest him for violating the order. Because this is a serious offense, he could face jail time.
What Happens If Someone Violates an Order of Protection?
If someone breaks the rules of an order of protection, they could face serious consequences, including arrest, fines, or even jail time.
If you believe someone has violated the order:
- Call the police right away.
- Save any evidence (text messages, call logs, photos).
- Tell your lawyer or the court handling your case.
New York takes violations very seriously, and repeat violations can lead to even harsher penalties.
How Long Does an Order of Protection Last?
The length of an order of protection depends on the situation:
- Temporary orders usually last until the next court date.
- Final orders last up to two years in most cases, but they can go up to five years if the situation is more severe.
Can an Order of Protection Be Changed or Canceled?
Yes, either person involved can request a change or even ask to cancel an order of protection if circumstances change. A judge will review the request and decide if any modifications are necessary.
Why Having a Lawyer Helps
Filing for an order of protection can feel overwhelming, especially during a stressful situation. Having an experienced attorney on your side makes a big difference—they can help you navigate the process, present your case clearly, and help fight so your rights are protected.
At Krasner Law, we practice in family law and understand how sensitive these cases can be. We’re here to provide support, guidance, and strong legal representation to help you get the protection you need.
Need Help? Contact Krasner Law Today
If you’re looking for help getting an order of protection in New York, don’t go through the process alone. Contact Krasner Law today to discuss your case and find out how we can help.
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