Recently updated on March 11th, 2025 at 07:53 pm

In New York, the main laws that cover Protective Orders or formally as they are called Order of Protections are the following

Other relevant sections include:

•  Family Court Act (FCA) § 812: outlines the jurisdiction of Family Court over offenses and abuse by family, based off which which allow victims to seek protection from family members, intimate partners, or individuals with whom they share a child. It defines Domestic violence as the following
  1. Acts of Physical Violence: Assault, battery, or any physical harm.
  2. Threats of Violence: Conduct that places someone in fear of physical harm.
  3. Emotional Abuse and Coercion: Repeated behaviors designed to control, intimidate, or degrade the victim.
  4. Sexual Abuse: Any forced sexual act or behavior.
  5. Stalking: Repeated unwanted attention or contact.
  6. Economic Abuse: Controlling or restricting access to financial resources.
  7. Child Abuse or Neglect: Harmful actions toward children within the household.

Qualifying Relationships

1.  Spouse: A spouse or former spouse such as husband or wife, registered domestic partners

2.  Cohabitants: Couples who are in a relationship and living together without being married (or being in legal domestic partnership) are known as cohabitants. It does NOT include roommates without romantic relationship.

3.  Past or Current Romantic Relationship: A person with whom the respondent is having or has had a dating or engagement relationship.

4.  Coparent: A person with whom the respondent has had a child

5.  Relatives: Any other person related by blood or marriage. This includes: Children, Parents, Brother or Sister, half-brother or Sister, step-brother or sister;, grandparents, niece, nephew, uncle, aunt, brother in law, sister in law, father in law etc

The original text is here

• FCA § 828 – Temporary orders of protection
• FCA § 841-842 – Issuance and conditions of final orders of protection

Create Order of Protection Forms Online

The same laws apply across New York such as in Kings County, Queens, New York City, Suffolk County, Nassau County, Bronx County, Westchester County, Erie County, Monroe County, Richmond County and so on.

Step 1: Gather evidence 

Gather Evidence for New York Courts

The first step is to gather evidence to support your case. What proof is required for an Order of Protection in New York? Below are examples to help you organize, though any relevant evidence that supports your claims can be used.

Please note the court will not do its own investigation.  It will base its decision on the evidence you provide, and then the questions asked during the formal hearing with both the victim and the abuser present.

Step 2: Fill the Court Forms

You can fill these online for free by visiting here

In order to apply for an Order of Protection, you need to fill and submit a specific set of official New York court forms. These have questions aimed at understanding your situation and the people involved.

Step 3: File the Court Forms with the Family Court

Submitting successfully is called filing, and the process involves the following

1. Formally submitting the case documents at the court with the office of the clerk. This can be done in person or online. Online filing for Order of Protection in New York is simplified by LegalAtoms.
2. The clerk reviews and verifies the correctness of forms and completeness of the required info
3. Clerk enters the case in the court database, stamps the documents and assigns a case number

County (Venue)
The proper venue for an Order of Protection case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.

Determine the County 

In New York, one typically file at the Family Court at the county (including borough in New York City) of your residence or where the abuse occurred. For example, if you live in Manhattan, then the Family Court of New York County would be your venue.  There can be many special cases and fine print but that is the most common case. Please consult a lawyer if your situation is uncommon e.g. the abuser is overseas or you are overseas and the abuser is in New York state.

Identify the methods of Filing

Method # 1: In Person by visiting the court house

Your court location would accept the forms to be submitted in person at the court hours. When you submit your case documents at the court, typically you take 3 copies.

The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.

The stamp may look something like this:

Method # 2: E-file online

This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.

Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.

You will be required to some online service fees.

Method # 3: Via another person 

Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.

Step 4: Judge Sets Hearing, Grant/Deny Temporary a Order of Protection

A judge reviews the case offline and then you will be notified by the court about the outcomes which are:

• Temporary Order of Protection Granted
• Temporary Order of Protection Denied

In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.

The Temporary Order of Protection (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.

Step 5: Inform the other party formally also known as “You’ve been Served!”

You need to inform the other party as per New York laws, and this is done by Serve a set of Stamped Case Forms including Hearing Notice to them 

Whenever one party initiates a restraining order it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent

Under the New York law there are multiple ways in which the other party can be served.

You cannot  serve your papers yourself.

Option 1:  Ask the Sheriff (FREE)

A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the abuser. If the respondent is in jail, the sheriff can serve them. If the other side is in prison in New York, prison staff, not the sheriff, will serve your papers.

Option 2: Ask a friend, relative or any adult (FREE)

You ask someone you know to be your server

• 18 or over, and
• not part of your case

Think about safety when choosing your server.

Option 3: Hire a courier for legal papers (Process Server)  

You can also hire a courier called  professional process server. You can search on Yelp or Google to get a list of options near you.

You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.

Step 6: Present Evidence in a Court Hearing 

Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full restraining order is issued. At this point it becomes a crime for the abuser to break the conditions of the restraining order.

Step 7. Collect the final Order of Protection

After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for two years.

Costs – How much does it cost to get an Order of Protection

In New York, there is no fee to file for an Order of Protection in Family Court, The process is free for petitioners seeking protection from domestic violence, harassment, stalking, or other forms of abuse.

There is a small fees for filing online.

How long does it take to get an Order of Protection after I file

In New York, Family Courts typically operate Monday through Friday, 9:00 AM to 5:00 PM, with petition filings beginning at 8:30 AM. To obtain a Temporary Order of Protection on the same day, it’s advisable to file early ideally in the morning hours, otherwise the judges will review and issue the temporary order decision the following business day. (Source : NYCOURTS)

A Temporary Order of Protection (TOP) is typically valid until the next scheduled court date. The judge can extend it as needed throughout the duration of the case. If the case is resolved, the court may issue a Final Order of Protection, which can last for up to five years, depending on the circumstances.

In New York State, the hearing for an Order of Protection is usually scheduled within a few days to a few weeks after filing, depending on the court’s availability and the urgency of the situation.

• If you request an emergency Temporary Order of Protection (TOP), a judge may issue it the same day without the abuser (respondent) present.
• A full hearing, where both parties can present evidence, is typically set within a few weeks.
• If the respondent has been served but fails to appear, the judge may still issue a Final Order of Protection in their absence.

Is an Order of Protection helpful?

The purpose of an Order of Protection is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.

The specific terms of an Order of Protection order can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.

Typically, an Order of Protection order may prohibit the respondent from

1. Approaching or contacting the petitioner including via text or social media
2. Staying away from the usual places petitioner is at such as home, work or school
3. Prohibit stalking, or surveillance of any kind
4. In situations where they lived together, provide custody or access to
   • Children
   • Pets
   • Important documents
   • Personal items such as clothes, medications, cell phones
   • Cars
5. Extending the protections to others living with the petitioner

Research findings on benefits of Order of Protection

Risks of an Order of Protection

It is conceivable that following the submission of a Order of Protection, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.

The response of your abuser after the filing of a protection order is unpredictable. While an Order of Protection can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.

Despite the safeguards intended by an Order of Protection, abusers may retaliate through various means, such as:

1. Physical assault or violence
2. Harming or taking away children
3. Damaging jointly owned property
4. Disregarding the order and persisting with threats, possibly through intermediaries
5. Inflicting harm or causing harm to pets
6. Harassing your loved ones for information
7. Engaging in stalking behavior
8. Initiating a retaliatory restraining order against you
9. Spreading false information about you in court documents, online, or publicly

Following the submission of an Order of Protection , it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.