In order to get a Restraining Order (also call Order of Protection) in the New York state, the proof needed is that more likely than not abuse occurred as defined in Family Court Act (FCA) § 812.

The standard of “more likely than not” means enough credible evidence and is less rigorous than the standard of beyond a reasonable doubt used in criminal trials.

The types of evidence you can use are:

1. Your Own Testimony:  Your detailed statement about what happened (dates, actions, threats, etc.) is typically the most important evidence
2. Photos:  Injuries, property damage,
3. Text Messages, Emails, Social Media:  Harassing or threatening messages, or attempts to control, intimidate, or stalk you.
4. Witness Statements From people who saw or heard the abuse or threats.  Or people you told about it soon after it happened
5. Police Reports: If you called the police or made a report, bring the paperwork
6. Medical Records: Emergency room visits, doctor’s notes related to injuries or trauma
7. Voicemails / Call Logs / GPS: Records of obsessive calling, tracking, or monitoring behavior
8. Past Orders / Criminal History If the person has a history of violence, especially against you or others

These evidence should support that abuse occurred as defined in the Family Court Act (FCA) § 812. The law allows 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. 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

An important aspect of the definition for Domestic Violence is that the abuser is related to the victim as at least one of the following:

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.

 

 

 

Resources for DV Victims

Here is a list of U.S. federal and New York state agencies that assist victims of domestic violence, along with links to their official websites:

New York State Agencies:

1. New York State Office for the Prevention of Domestic Violence (OPDV)
   Leads the state’s efforts to prevent and respond to domestic violence through policy development and public awareness.

2. New York State Coalition Against Domestic Violence (NYSCADV)
   Provides training and technical assistance to local domestic violence programs across New York State.

3. New York State Domestic Violence Program Directory
   A comprehensive directory of organizations and programs offering shelter and services to victims of domestic violence in New York State.

4. New York State Courts – Domestic Violence Resources
   Offers information on legal resources and assistance for domestic violence victims within the New York court system.

5. New York City Domestic Violence Support – Human Resources Administration (HRA)
   Provides temporary housing, emergency shelter, and supportive services for survivors of domestic violence and their children in New York City.

Federal Agencies:

1. Office on Violence Against Women (OVW) – U.S. Department of Justice
   Administers grant programs and supports efforts to combat domestic violence, dating violence, sexual assault, and stalking.

2. National Domestic Violence Hotline
   Provides 24/7 confidential support to victims of domestic violence. Call 1-800-799-SAFE (7233) or text “START” to 88788.

3. Family Violence Prevention and Services Program – Administration for Children and Families (ACF)
   Funds domestic violence shelters and supports services for victims and their children.

4. Violence Against Women Act (VAWA) – U.S. Department of Housing and Urban Development (HUD)
   Provides housing protections for victims of domestic violence, dating violence, sexual assault, and stalking.

Additional Resources:

• Safe Horizon
  The nation’s leading victim assistance organization, offering support to survivors of domestic violence, child abuse, human trafficking, and other crimes.Safe Horizon

• Sanctuary for Families
  Provides comprehensive services to survivors of domestic violence, sex trafficking, and related forms of gender violence in New York City