How to Get an Order of Protection in New York

October is Domestic Violence Awareness Month, a time to recognize survivors and make sure people know where to turn for help. If a partner or family member is abusing you in New York, the law gives you ways to protect yourself and your children. One of the most important is an order of protection.

If you are in immediate danger, call 911. For free, confidential support 24 hours a day, call the New York State Domestic and Sexual Violence Hotline at 1-800-942-6906, text 844-997-2121, or chat at opdv.ny.gov. In New York City, you can also call 1-800-621-HOPE (4673) or 311.

What is an order of protection?

An order of protection is a court order that limits what another person can do. Depending on the situation, it can require the person to:

• Stay away from you, your home, your workplace, or your children's school
• Stop calling, texting, or contacting you in any way, including through other people or social media
• Move out of a shared home
• Refrain from harassing, threatening, or harming you
• Surrender firearms

Violating an order of protection is a crime, and police can arrest someone who violates one.

Family Court or Criminal Court?

In New York, you can seek an order of protection in Family Court, in Criminal Court, or in both at the same time.

• Family Court: You start the case yourself by filing a family offense petition. You do not need a police report, and there is no filing fee. Family Court is available if the other person is a current or former spouse, someone you have a child with, a relative by blood or marriage, or someone you are or were in an intimate relationship with.
• Criminal Court: If the police make an arrest, the District Attorney prosecutes the case, and the judge can issue a temporary order of protection while it is pending.

How the Family Court process works

1. File a family offense petition. You can file in the Family Court for the county where you or the other person lives, or where the abuse happened. Describe what happened in as much detail as you can, including dates and any threats.
2. See a judge the same day. The judge can issue a temporary order of protection right away.
3. Have the papers served. The temporary order takes effect once it is handed to the other person. The court will explain how to arrange service, which can include service by the police.
4. Return to court. At later court dates, the judge decides whether to issue a final order of protection. A final order generally lasts up to two years, or up to five years if the court finds aggravating circumstances.

Your petition can also ask for temporary custody, visitation terms, or child support while the case is pending. Longer-term custody and support arrangements require separate petitions.

You do not have to do this alone

Both sides in a Family Court family offense case have the right to an attorney, and the court will assign one if you cannot afford it. An attorney can help you write a clear petition, ask for the protections you actually need, and handle related custody or support issues.

At Maxwell Law Group, PLLC, we represent clients in New York Family Court and connect families with counseling and emotional support resources through our Emotional Support Family Toolkit. If you need help, contact us to schedule a free consultation.

This article provides general information about New York law and is not legal advice. Reading it does not create an attorney-client relationship.