If you’re feeling unsafe because of someone’s actions—whether it’s harassment, threats, or abuse—a restraining order (officially called an order of protection in New York) can help keep you safe. But if you’ve never been through the legal system before, the process might seem confusing or overwhelming.
This guide will walk you through how to get a restraining order in New York, what proof you’ll need, and what to expect along the way. We’ll keep things simple, so you know exactly what to do if you ever find yourself in this situation.
What Is a Restraining Order?
A restraining order is a legal document that tells someone to stop contacting or coming near you. It can prevent things like:
- In-person contact (at your home, work, or anywhere else)
- Phone calls, texts, emails, and social media messages
- Any form of harassment, stalking, or threats
In New York, these orders are commonly used in cases of domestic violence, but they also apply to harassment or threats from an ex, neighbor, coworker, or even a stranger.
How to Get a Restraining Order in New York
If you need a restraining order, here’s what you’ll need to do:
1. Figure Out Where to File
Where you go to file for a restraining order depends on your relationship with the person you’re seeking protection from. Choosing the correct court is important because each one handles different types of cases:
- Family Court – File here if the person you need protection from is:
- A current or former spouse
- A family member (parent, sibling, child, etc.)
- Someone you share a child with
- Someone you are or were in an intimate relationship with (dating partners, regardless of whether you lived together)
- Family Court is generally the best option if you want a restraining order without filing criminal charges.
- Criminal Court – File here if the person has committed a crime against you, such as:
- Assault or physical harm
- Stalking or repeated harassment
- Threats of violence
- In this case, the police or a prosecutor may request an order of protection on your behalf as part of the criminal case. If you believe a crime has been committed, call the police first and they will guide you through the process.
- Supreme Court – If you are going through a divorce, you can request a restraining order as part of your divorce case. The Supreme Court judge handling your divorce can include an order of protection in your divorce proceedings.
Not sure which court is right for you? You can ask court staff for guidance, or speak with a family law attorney who can help you file in the correct court.
2. Fill Out a Petition for an Order of Protection
Once you know where to file, you’ll need to complete a petition for an order of protection. This is an official court document that asks for details about your situation.
Your petition should include:
- Your relationship with the person – Explain how you know them (spouse, ex, family member, etc.).
- A description of what happened – List specific incidents where they hurt, threatened, stalked, or harassed you.
- Why you feel unsafe – Explain how their actions have impacted your well-being.
- Any past legal action – Mention any previous police reports, court cases, or restraining orders.
The more specific and detailed you are, the better. Instead of saying “He threatened me,” you should write “On January 10, he called me and said, ‘I will hurt you if I see you again.’ “ Giving exact dates, times, and locations makes your case stronger.
Do I need a lawyer to file a petition?
No, you don’t need a lawyer to file for a restraining order, but having one can help. A lawyer can make sure your petition is filled out correctly and that you’re providing the right details to strengthen your case.
3. Request a Temporary Order (If You’re in Immediate Danger)
If you’re in immediate danger, you can request a temporary order of protection when you file your petition. This can help keep you safe while you wait for your court hearing.
- How quickly can I get a temporary order?
- In most cases, a judge can issue a temporary restraining order the same day you file your petition.
- This means you don’t have to wait for the full hearing to get protection.
- What does a temporary restraining order do?
- It immediately prohibits the person from contacting or coming near you.
- It may also include stay-away orders (from your home, job, or school) and restrictions on firearms.
- What happens after I get a temporary order?
- A court date will be scheduled for a full hearing.
- The person you filed against (the respondent) will be notified of the order and given a chance to respond in court.
- The temporary order will remain in effect until the judge makes a final decision.
If you’re unsure whether to request a temporary order, ask yourself: Do I feel unsafe waiting for the hearing? If the answer is yes, request one.
4. Attend the Court Hearing
After filing your petition, you will be given a court date where you’ll present your case to a judge. The respondent (the person you’re seeking protection from) will also be notified and has the right to appear in court to respond to your claims.
- What happens at the hearing?
- You will tell the judge why you need protection and explain what has happened.
- You can bring evidence such as police reports, medical records, text messages, emails, photos, or witness testimony.
- The respondent will also have the chance to speak and present their side.
- The judge will review everything and decide whether to issue a final order of protection.
- What should I bring to court?
- Any documents or evidence that support your case (texts, emails, police reports, etc.).
- A written timeline of what has happened.
- Witnesses who can testify about the threats, harassment, or abuse.
- Do I have to face the person in court?
- Yes, the respondent has the right to be there unless they fail to show up.
- If you are scared, you can ask the court if special arrangements can be made, such as entering through a separate entrance or having security nearby.
If the judge approves the request, a final order of protection will be issued, lasting anywhere from one to five years based on the specifics of the case.
A denial doesn’t necessarily mean the end of the road—you may have the option to file again if new incidents arise.
For those still feeling unsafe, speaking with a lawyer can help uncover other legal options for protection.
5. Get the Final Order of Protection
If the judge grants your request, you will receive a final order of protection. This order is stronger than a temporary order and can last anywhere from one to five years.
What Does a Final Order of Protection Include?
The judge will outline the specific restrictions placed on the person you are seeking protection from. This can include:
- No Contact – The person cannot call, text, message, email, or communicate with you in any way.
- Stay-Away Orders – They must stay a certain distance from your home, job, school, or other important places.
- Firearm Restrictions – If they own a gun, they may be required to surrender it.
- Limited Contact Orders – In some cases, such as when children are involved, the order may allow limited communication (for example, through a lawyer or court-monitored method).
What If They Violate the Restraining Order?
Violating a restraining order is a serious crime. If the person does not follow the rules set by the court, they can face:
- Arrest
- Criminal charges
- Fines
- Jail time
If the person violates the order, call the police immediately and report what happened. Keep records of any new threats, messages, or contact attempts and tell the court as soon as possible.
How to Get a Restraining Order : What Proof Do You Need for a Restraining Order?
When you request a restraining order (also called an order of protection in New York), the judge won’t just take your word for it. You need to prove that the person has harmed you or poses a real threat. The stronger your evidence, the more likely the judge is to approve your request.
So, what kind of proof do you need? Here are some of the best types of evidence:
1. Police Reports
If you’ve ever called the police about this person, those records can be valuable evidence.
- If officers responded to a domestic disturbance, threats, or physical harm, their official reports document what happened.
- If the person was arrested, that can also support your case.
- Even if no arrest was made, a police report shows that you reported the abuse or harassment, which helps establish a pattern of behavior.
What if I never called the police?
That’s okay. A restraining order can still be granted based on other types of evidence. However, if you are currently in danger, calling the police as soon as possible can help protect you and strengthen your case.
2. Medical Records
If the person physically hurt you, medical records can confirm your injuries.
- Doctor’s notes, hospital reports, or X-rays can show bruises, fractures, or other signs of abuse.
- If you told a doctor or nurse how you got injured, that will be recorded in your medical file, which can be used in court.
- If you’ve seen a therapist or counselor because of emotional distress caused by the person, those records can also be useful.
What if I didn’t go to the doctor after being hurt?
That’s okay. Medical records help, but they are not required. If you were injured but didn’t seek medical care, other forms of evidence, such as photos or witness statements, can support your case.
3. Text Messages, Emails, or Voicemails
Threatening, harassing, or abusive messages sent to you can be some of the strongest evidence in your case.
- If the person sent threatening texts, screenshot them and print them out.
- If they emailed you with insults, threats, or confessions of abuse, save those emails and print them.
- If they left voicemails yelling, threatening, or apologizing for their actions, those recordings can help show a pattern of abuse.
What if I deleted the messages?
If you deleted texts or emails, check if they’re still in your trash or backup storage. For future reference, always save anything that might help your case.
4. Social Media Posts
If the person has posted anything about you online that is threatening, harassing, or harmful, take screenshots.
- If they made threats on Facebook, Instagram, Twitter, or any other platform, those posts can be used in court.
- If they have been posting personal information about you (doxxing), spreading false rumors, or making cruel comments, this can be considered harassment.
- If they have tagged you in posts or tried to intimidate you online, this can support your case for a restraining order.
What if their account is private?
If they have messaged you directly, those messages can still be used. If you know someone who has access to their public posts and has seen concerning content, they may be able to provide a screenshot or testify about what they saw.
5. Photos or Videos
Visual evidence can be powerful.
- If you have pictures of injuries (bruises, cuts, or other harm caused by the person), bring them to court.
- If they damaged your property (punched holes in walls, broke windows, smashed your belongings), photos or videos of the damage can support your case.
- If they followed you, showed up uninvited, or tried to intimidate you, videos of them outside your home or workplace can help show their behavior.
What if I don’t have photos?
If you don’t have pictures from past incidents, consider taking photos of any current injuries or damage before your court hearing.
6. Witness Statements
If other people saw what happened, their testimony can help strengthen your case.
- Neighbors, friends, family, coworkers, or security personnel who have witnessed the person harassing, threatening, or harming you can write a statement or testify in court.
- If a 911 call was made, the person who called may be able to confirm what they heard or saw.
- If you have co-workers who witnessed workplace harassment or a landlord who saw property damage, their testimony can be valuable.
What if no one else saw what happened?
Many cases of abuse or harassment happen behind closed doors. If you don’t have witnesses, that’s okay. Focus on gathering as much other evidence as possible to support your case.
The More Proof You Have, the Stronger Your Case
A judge will consider everything you present before making a decision. While no single piece of evidence is required, the more documentation you have, the more likely your restraining order will be approved.
Can a Restraining Order Be Extended?
Yes. If you still feel unsafe when your order is about to expire, you can request an extension. The judge will review the situation and may extend the order for several more years if necessary.
Different Types of Restraining Orders in New York
Not all restraining orders are the same. Depending on your situation, a judge may issue different types of protection orders, each with specific rules about what the person (called the respondent) can or cannot do. Understanding the differences is important, so you know what kind of protection might work best for your situation.
Here are the main types of restraining orders in New York:
1. Stay-Away Order
A Stay-Away Order requires the respondent to keep a certain distance from you and possibly other places that are important to your daily life.
This means the person:
- Cannot come near you at all, including at home, work, school, or any other places you regularly visit.
- Cannot show up unexpectedly at places where they know you will be.
- May be required to move out if they live with you.
This type of restraining order is helpful in cases where you feel physically unsafe and need distance between you and the person causing harm.
2. Refrain-From Order
A Refrain-From Order tells the respondent they must stop certain behaviors but does not necessarily require them to stay away from you.
This means the person cannot:
- Threaten, harass, or intimidate you in any way.
- Physically harm you or attempt to.
- Destroy property that belongs to you.
- Contact you in a threatening or abusive manner, even if they don’t physically come near you.
This type of order is often used when the court believes direct harm or harassment has already happened and must stop immediately.
3. Full Order of Protection
A Full Order of Protection provides the highest level of protection and prohibits all forms of contact between you and the respondent.
Under this order, the person cannot:
- Call, text, email, or message you on social media.
- Come near you at any location, even if it’s in a public place.
- Use other people to contact or intimidate you.
If you feel that any kind of interaction with this person could put you in danger, this is likely the best option.
4. Limited Order of Protection
A Limited Order of Protection allows for some communication but sets strict limits on behavior.
Under this order, the respondent may be allowed to:
- Communicate with you, but only under certain conditions, such as talking about child custody or financial matters.
- Be in the same place as you, but they cannot engage in any threatening or harmful behavior.
This type of restraining order is often used in situations where ongoing communication is necessary, such as between co-parents or family members who need to discuss important matters.
How Long Does It Take to Get a Restraining Order?
The timeline for getting a restraining order in New York depends on several factors, including whether you need immediate protection or if your case requires a full court hearing.
1. Getting a Temporary Restraining Order
If you feel like you are in immediate danger, you can request a temporary order of protection when you first file your petition.
- How fast can I get a temporary order?
- In many cases, a judge can issue a temporary restraining order the same day you file your request.
- If granted, this order goes into effect immediately and lasts until your scheduled court hearing.
- What happens after I get a temporary order?
- The court will schedule a hearing where both you and the respondent will have a chance to present evidence.
- The temporary order remains in place until the judge decides whether to issue a final order of protection.
2. Getting a Final Restraining Order
A final order of protection is not issued right away because it requires a full court hearing.
- How long does it take to get a final restraining order?
- It can take a few weeks to a few months, depending on how complicated the case is.
- If the respondent fights the order, there may be multiple hearings before a judge makes a final decision.
- What happens at the hearing?
- Both you and the respondent will be able to present your sides of the case.
- You should bring evidence such as police reports, texts, emails, medical records, or witness statements to prove why you need protection.
- The judge will review all the information and decide whether to issue a final order of protection, which can last one to five years.
If you still feel unsafe when the order is about to expire, you can request an extension from the court.
What Happens If the Person Violates the Restraining Order?
A restraining order is a legally binding document, which means violating it can result in serious consequences. If someone ignores the terms of the order, you should act immediately to protect yourself and hold them accountable.
What should I do if the person violates the order?
If the person contacts you, comes near you, or threatens you, follow these steps:
- Call the police immediately – Tell them you have a restraining order and that it is being violated.
- Document everything – Keep records of:
- Any texts, calls, emails, or messages they sent you.
- The date, time, and location of any violations.
- Any witnesses who saw the violation happen.
- Go back to court – You can file a violation petition, and the judge may take further legal action against the respondent.
What are the consequences for violating a restraining order?
New York law takes restraining order violations very seriously. If the respondent does not follow the order, they could face:
- Arrest – Police can arrest the person for breaking the law.
- Criminal charges – Violating a restraining order is a crime, which could lead to additional charges.
- Fines or jail time – Depending on the case, the person could be fined or sentenced to jail.
What if the respondent keeps violating the order?
If the person repeatedly violates the restraining order, you should:
- Report every incident to the police immediately.
- Ask the court for stricter penalties, such as a longer restraining order or additional restrictions.
- Consider moving to a safer location if necessary and talk to a lawyer about additional legal options.
Restraining orders are an important tool for protecting yourself from harassment, threats, or abuse. However, they only work if they are properly enforced.
- If you need immediate protection, you can often get a temporary restraining order the same day you file.
- A final restraining order takes longer but can provide long-term protection for one to five years.
- If the person violates the order, take action right away by calling the police and reporting the violation to the court.
If you have questions about which type of restraining order is right for you, what proof do you need for a restraining order, or need legal guidance, talking to an experienced attorney can help you navigate the process and help you get the protection you need.
Need Help? Contact Krasner Law
Getting a restraining order can feel overwhelming, but you don’t have to go through it alone. At Krasner Law, we specialize in family law and can help you navigate the process with confidence.
If you need help securing a restraining order, contact us today to schedule a consultation. Your safety is our top priority.
