Skip to content

Order of Protection in NY

About The Author

Overview

An Order of Protection is a kind of restraining order in the New York state which is aimed at relatives or current or former romantic partners. The basic idea is the same as any other restraining order: a judge orders an abuser to stay away from and not contact their victim who the abuser is harming.

Order of Protection applies in situations of domestic violence where there is a credible threat to an individual’s safety. If the abuser disobeys the Order of Protection, then the abuser can be charged with committing a crime and can be jailed.

If a person believes their situation qualifies for a Order of Protection as defined in the New York state Civil Code (23 Pa. C.S.A. § 6101, Protection from Abuse Act), they can apply for one through the Superior Court in their county of residence. The process may involve filing a petition, attending a hearing, and presenting evidence to support the request for the order.

Definition of Abuse in NY

The original text is here

§ 530.12 Protection for victims of family offenses.

1. When a criminal action is pending involving a complaint charging
any crime or violation between spouses, former spouses, parent and
child, or between members of the same family or household, as members of
the same family or household are defined in subdivision one of section
530.11 of this article, the court, in addition to any other powers
conferred upon it by this chapter may issue a temporary order of
protection in conjunction with any securing order committing the
defendant to the custody of the sheriff or as a condition of any order
of recognizance or bail or an adjournment in contemplation of dismissal.

(a) In addition to any other conditions, such an order may require the
defendant: (1) to stay away from the home, school, business or place of
employment of the family or household member or of any designated
witness, provided that the court shall make a determination, and shall
state such determination in a written decision or on the record, whether
to impose a condition pursuant to this paragraph, provided further,
however, that failure to make such a determination shall not affect the
validity of such temporary order of protection. In making such
determination, the court shall consider, but shall not be limited to
consideration of, whether the temporary order of protection is likely to
achieve its purpose in the absence of such a condition, conduct subject
to prior orders of protection, prior incidents of abuse, past or present
injury, threats, drug or alcohol abuse, and access to weapons;

(2) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;

(3) to refrain from committing a family offense, as defined in
subdivision one of section 530.11 of this article, or any criminal
offense against the child or against the family or household member or
against any person to whom custody of the child is awarded, or from
harassing, intimidating or threatening such persons;

(4) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety and welfare of a child, family
or household member's life or health;

(5) to permit a designated party to enter the residence during a
specified period of time in order to remove personal belongings not in
issue in this proceeding or in any other proceeding or action under this
chapter, the family court act or the domestic relations law;

(6) (A) to refrain from intentionally injuring or killing, without
justification, any companion animal the defendant knows to be owned,
possessed, leased, kept or held by the victim or a minor child residing
in the household.

(B) "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;

(7) (A) to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(i) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and
available if necessary for legitimate use by the party against whom such
order is issued; and (ii) specify the manner in which such return shall
be accomplished.

(B) For purposes of this subparagraph, "identification document" shall
mean any of the following: (i) exclusively in the name of the protected
party: birth certificate, passport, social security card, health
insurance or other benefits card, a card or document used to access
bank, credit or other financial accounts or records, tax returns, any
driver's license, and immigration documents including but not limited to
a United States permanent resident card and employment authorization
document; and (ii) upon motion and after notice and an opportunity to be
heard, any of the following, including those that may reflect joint use
or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents;

(8) (A) to refrain from remotely controlling any connected devices
affecting the home, vehicle or property of the person protected by the
order.

(B) For purposes of this subparagraph, "connected device" shall mean
any device, or other physical object that is capable of connecting to
the internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address.

(b) The court may issue an order, pursuant to section two hundred
twenty-seven-c of the real property law, authorizing the party for whose
benefit any order of protection has been issued to terminate a lease or
rental agreement pursuant to section two hundred twenty-seven-c of the
real property law.

2. Notwithstanding any other provision of law, a temporary order of
protection issued or continued by a family court pursuant to section
eight hundred thirteen of the family court act shall continue in effect,
absent action by the appropriate criminal court pursuant to subdivision
three of this section, until the defendant is arraigned upon an
accusatory instrument filed pursuant to section eight hundred thirteen
of the family court act in such criminal court.

3. The court may issue a temporary order of protection ex parte upon
the filing of an accusatory instrument and for good cause shown. When a
family court order of protection is modified, the criminal court shall
forward a copy of such modified order to the family court issuing the
original order of protection; provided, however, that where a copy of
the modified order is transmitted to the family court by facsimile or
other electronic means, the original copy of such modified order and
accompanying affidavit shall be forwarded immediately thereafter.

3-a. Emergency powers when family court not in session; issuance of
temporary orders of protection. Upon the request of the petitioner, a
local criminal court may on an ex parte basis issue a temporary order of
protection pending a hearing in family court, provided that a sworn
affidavit, verified in accordance with subdivision one of section 100.30
of this chapter, is submitted: (i) alleging that the family court is not
in session; (ii) alleging that a family offense, as defined in
subdivision one of section eight hundred twelve of the family court act
and subdivision one of section 530.11 of this article, has been
committed; (iii) alleging that a family offense petition has been filed
or will be filed in family court on the next day the court is in
session; and (iv) showing good cause. Upon appearance in a local
criminal court, the petitioner shall be advised that he or she may
continue with the proceeding either in family court or upon the filing
of a local criminal court accusatory instrument in criminal court or
both. Upon issuance of a temporary order of protection where petitioner
requests that it be returnable in family court, the local criminal court
shall transfer the matter forthwith to the family court and shall make
the matter returnable in family court on the next day the family court
is in session, or as soon thereafter as practicable, but in no event
more than four calendar days after issuance of the order. The local
criminal court, upon issuing a temporary order of protection returnable
in family court pursuant to this subdivision, shall immediately forward,
in a manner designed to insure arrival before the return date set in the
order, a copy of the temporary order of protection and sworn affidavit
to the family court and shall provide a copy of such temporary order of
protection to the petitioner; provided, however, that where a copy of
the temporary order of protection and affidavit are transmitted to the
family court by facsimile or other electronic means, the original order
and affidavit shall be forwarded to the family court immediately
thereafter. Any temporary order of protection issued pursuant to this
subdivision shall be issued to the respondent, and copies shall be filed
as required in subdivisions six and eight of this section for orders of
protection issued pursuant to this section. Any temporary order of
protection issued pursuant to this subdivision shall plainly state the
date that such order expires which, in the case of an order returnable
in family court, shall be not more than four calendar days after its
issuance, unless sooner vacated or modified by the family court. A
petitioner requesting a temporary order of protection returnable in
family court pursuant to this subdivision in a case in which a family
court petition has not been filed shall be informed that such temporary
order of protection shall expire as provided for herein, unless the
petitioner files a petition pursuant to subdivision one of section eight
hundred twenty-one of the family court act on or before the return date
in family court and the family court issues a temporary order of
protection or order of protection as authorized under article eight of
the family court act. Nothing in this subdivision shall limit or
restrict the petitioner's right to proceed directly and without court
referral in either a criminal or family court, or both, as provided for
in section one hundred fifteen of the family court act and section
100.07 of this chapter.

3-b. Emergency powers when family court not in session; modifications
of orders of protection or temporary orders of protection. Upon the
request of the petitioner, a local criminal court may on an ex parte
basis modify a temporary order of protection or order of protection
which has been issued under article four, five, six or eight of the
family court act pending a hearing in family court, provided that a
sworn affidavit verified in accordance with subdivision one of section
100.30 of this chapter is submitted: (i) alleging that the family court
is not in session and (ii) showing good cause, including a showing that
the existing order is insufficient for the purposes of protection of the
petitioner, the petitioner's child or children or other members of the
petitioner's family or household. The local criminal court shall make
the matter regarding the modification of the order returnable in family
court on the next day the family court is in session, or as soon
thereafter as practicable, but in no event more than four calendar days
after issuance of the modified order. The court shall immediately
forward a copy of the modified order, if any, and sworn affidavit to the
family court and shall provide a copy of such modified order, if any,
and affidavit to the petitioner; provided, however, that where copies of
such modified order and affidavit are transmitted to the family court by
facsimile or other electronic means, the original copies of such
modified order and affidavit shall be forwarded to the family court
immediately thereafter. Any modified temporary order of protection or
order of protection issued pursuant to this subdivision shall be issued
to the respondent and copies shall be filed as required in subdivisions
six and eight of this section for orders of protection issued pursuant
to this section.

4. The court may issue or extend a temporary order of protection ex
parte or on notice simultaneously with the issuance of a warrant for the
arrest of defendant. Such temporary order of protection may continue in
effect until the day the defendant subsequently appears in court
pursuant to such warrant or voluntarily or otherwise.

5. * Upon sentencing on a conviction for any crime or violation
between spouses, between a parent and child, or between members of the
same family or household as defined in subdivision one of section 530.11
of this article, the court may in addition to any other disposition,
including a conditional discharge or youthful offender adjudication,
enter an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for issuing or
not issuing an order of protection. The duration of such an order shall
be fixed by the court and: (A) in the case of a felony conviction, shall
not exceed the greater of: (i) eight years from the date of such
sentencing, except where the sentence is or includes a sentence of
probation on a conviction for a felony sexual assault, as provided in
subparagraph (iii) of paragraph (a) of subdivision three of section
65.00 of the penal law, in which case, ten years from the date of such
sentencing, or (ii) eight years from the date of the expiration of the
maximum term of an indeterminate or the term of a determinate sentence
of imprisonment actually imposed; or (B) in the case of a conviction for
a class A misdemeanor, shall not exceed the greater of: (i) five years
from the date of such sentencing, except where the sentence is or
includes a sentence of probation on a conviction for a misdemeanor
sexual assault, as provided in subparagraph (ii) of paragraph (b) of
subdivision three of section 65.00 of the penal law, in which case, six
years from the date of such sentencing, or (ii) five years from the date
of the expiration of the maximum term of a definite or intermittent term
actually imposed; or (C) in the case of a conviction for any other
offense, shall not exceed the greater of: (i) two years from the date of
sentencing, or (ii) two years from the date of the expiration of the
maximum term of a definite or intermittent term actually imposed. For
purposes of determining the duration of an order of protection entered
pursuant to this subdivision, a conviction shall be deemed to include a
conviction that has been replaced by a youthful offender adjudication.
In addition to any other conditions, such an order may require the
defendant:

* NB Effective until September 1, 2025

* Upon sentencing on a conviction for any crime or violation between
spouses, between a parent and child, or between members of the same
family or household as defined in subdivision one of section 530.11 of
this article, the court may in addition to any other disposition,
including a conditional discharge or youthful offender adjudication,
enter an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for issuing or
not issuing an order of protection. The duration of such an order shall
be fixed by the court and, in the case of a felony conviction, shall not
exceed the greater of: (i) five years from the date of such sentencing,
or (ii) three years from the date of the expiration of the maximum term
of an indeterminate sentence of imprisonment actually imposed; or in the
case of a conviction for a class A misdemeanor, shall not exceed three
years from the date of such sentencing; or in the case of a conviction
for any other offense, shall not exceed one year from the date of
sentencing. For purposes of determining the duration of an order of
protection entered pursuant to this subdivision, a conviction shall be
deemed to include a conviction that has been replaced by a youthful
offender adjudication. In addition to any other conditions, such an
order may require the defendant:

* NB Effective September 1, 2025

(a) to stay away from the home, school, business or place of
employment of the family or household member, the other spouse or the
child, or of any witness designated by the court, provided that the
court shall make a determination, and shall state such determination in
a written decision or on the record, whether to impose a condition
pursuant to this paragraph, provided further, however, that failure to
make such a determination shall not affect the validity of such order of
protection. In making such determination, the court shall consider, but
shall not be limited to consideration of, whether the order of
protection is likely to achieve its purpose in the absence of such a
condition, conduct subject to prior orders of protection, prior
incidents of abuse, extent of past or present injury, threats, drug or
alcohol abuse, and access to weapons;

(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in
subdivision one of section 530.11 of this article, or any criminal
offense against the child or against the family or household member or
against any person to whom custody of the child is awarded, or from
harassing, intimidating or threatening such persons;

(d) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety and welfare of a child, family
or household member's life or health;

(e) to permit a designated party to enter the residence during a
specified period of time in order to remove personal belongings not in
issue in this proceeding or in any other proceeding or action under this
chapter, the family court act or the domestic relations law; or

(f) (i) to refrain from remotely controlling any connected devices
affecting the home, vehicle or property of the person protected by the
order.

(ii) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address.

6. An order of protection or a temporary order of protection issued
pursuant to subdivision one, two, three, four or five of this section
shall bear in a conspicuous manner the term "order of protection" or
"temporary order of protection" as the case may be and a copy shall be
filed by the clerk of the court with the sheriff's office in the county
in which the complainant resides, or, if the complainant resides within
a city, with the police department of such city. The order of protection
or temporary order of protection shall also contain the following
notice: "This order of protection will remain in effect even if the
protected party has, or consents to have, contact or communication with
the party against whom the order is issued. This order of protection can
only be modified or terminated by the court. The protected party cannot
be held to violate this order nor be arrested for violating this
order.". The absence of such language shall not affect the validity of
such order. A copy of such order of protection or temporary order of
protection may from time to time be filed by the clerk of the court with
any other police department or sheriff's office having jurisdiction of
the residence, work place, and school of anyone intended to be protected
by such order. A copy of the order may also be filed by the complainant
at the appropriate police department or sheriff's office having
jurisdiction. Any subsequent amendment or revocation of such order shall
be filed in the same manner as herein provided.

Such order of protection shall plainly state the date that such order
expires.

6-a. The court shall inquire as to the existence of any other orders
of protection between the defendant and the person or persons for whom
the order of protection is sought.

7. A family offense subject to the provisions of this section which
occurs subsequent to the issuance of an order of protection under this
chapter shall be deemed a new offense for which the complainant may seek
to file a new accusatory instrument and may file a family court petition
under article eight of the family court act as provided for in section
100.07 of this chapter.

8. In any proceeding in which an order of protection or temporary
order of protection or a warrant has been issued under this section, the
clerk of the court shall issue to the complainant and defendant and
defense counsel and to any other person affected by the order a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order of protection be
transmitted to the local correctional facility where the individual is
or will be detained, the state or local correctional facility where the
individual is or will be imprisoned, and the supervising probation
department or department of corrections and community supervision where
the individual is under probation or parole supervision. The
presentation of a copy of such order or a warrant to any peace officer
acting pursuant to his or her special duties or police officer shall
constitute authority for him or her to arrest a person who has violated
the terms of such order and bring such person before the court and,
otherwise, so far as lies within his or her power, to aid in securing
the protection such order was intended to afford. The protected party in
whose favor the order of protection or temporary order of protection is
issued may not be held to violate an order issued in his or her favor
nor may such protected party be arrested for violating such order.

9. If no warrant, order or temporary order of protection has been
issued by the court, and an act alleged to be a family offense as
defined in section 530.11 of this chapter is the basis of the arrest,
the magistrate shall permit the complainant to file a petition,
information or accusatory instrument and for reasonable cause shown,
shall thereupon hold such respondent or defendant, admit to, fix or
accept bail, or parole him or her for hearing before the family court or
appropriate criminal court as the complainant shall choose in accordance
with the provisions of section 530.11 of this chapter.

10. Punishment for contempt based on a violation of an order of
protection or temporary order of protection shall not affect the
original criminal action, nor reduce or diminish a sentence upon
conviction for the original crime or violation alleged therein or for a
lesser included offense thereof.

11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction, and if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:

(a) revoke an order of recognizance or release under non-monetary
conditions or revoke an order of bail or order forfeiture of such bail
and commit the defendant to custody; or

(b) restore the case to the calendar when there has been an
adjournment in contemplation of dismissal and commit the defendant to
custody; or

(c) revoke a conditional discharge in accordance with section 410.70
of this chapter and impose probation supervision or impose a sentence of
imprisonment in accordance with the penal law based on the original
conviction; or

(d) revoke probation in accordance with section 410.70 of this chapter
and impose a sentence of imprisonment in accordance with the penal law
based on the original conviction. In addition, if the act which
constitutes the violation of the order of protection or temporary order
of protection is a crime or a violation the defendant may be charged
with and tried for that crime or violation.

12. The chief administrator of the courts shall promulgate appropriate
uniform temporary orders of protection and orders of protection forms to
be used throughout the state. Such forms shall be promulgated and
developed in a manner to ensure the compatibility of such forms with the
statewide computerized registry established pursuant to section two
hundred twenty-one-a of the executive law.

13. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection when applicable, may be entered against
a former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section 530.11 of this article.

14. The people shall make reasonable efforts to notify the complainant
alleging a crime constituting a family offense when the people have
decided to decline prosecution of such crime, to dismiss the criminal
charges against the defendant or to enter into a plea agreement. The
people shall advise the complainant of the right to file a petition in
the family court pursuant to section 100.07 of this chapter and section
one hundred fifteen of the family court act.

In any case where allegations of criminal conduct are transferred from
the family court to the criminal court pursuant to paragraph (ii) of
subdivision (b) of section eight hundred forty-six of the family court
act, the people shall advise the family court making the transfer of any
decision to file an accusatory instrument against the family court
respondent and shall notify such court of the disposition of such
instrument and the sentence, if any, imposed upon such respondent.

Release of a defendant from custody shall not be delayed because of
the requirements of this subdivision.

15. Any motion to vacate or modify an order of protection or temporary
order of protection shall be on notice to the non-moving party, except
as provided in subdivision three-b of this section.

 

Comparison with Criminal Case

If you're a victims of domestic violence, then you can file the following legal cases. There are two main types of court cases: civil and criminal.

  • Criminal Case: In a criminal case, the burden of proof is beyond a reasonable doubt, the highest burden of proof.
  • Order of Protection: This is considered a civil law case, and the victim has to give some evidence and generally the burden is low and the victim must establish “preponderance of the evidence" of a past act or acts of abuse.” In a civil case, the judge assesses whether the claims made by the accuser are more likely than not to be true. This standard is relatively less rigorous, and certain kinds of abuse may easily meet the standard for Order of Protection but may be difficult to prove as criminal. You just need evidence to support that abuse occurred which is defined as bodily injury or fear that you will get bodily injury.

 

Situations where a Order of Protection applies

There are a few different types of restraining orders and typically only one of them may apply to your situation. The first step is to see if any of the different types of restraining order applies to your situation or is remotely related as that might help you decide whether to apply .

The types are:

Family Violence is for situations involving domestic violence which is when a victim has been abused by a romantic partner (spouse, domestic partner, girlfriend/boyfriend) or a family member.

 

 

Situation Examples

Example 1:  Husband is sexually and verbally abusive, and controlling  

My husband doesn't allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now.  He verbally abuses me by calling me a whore if I don't sleep with him.  During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities.  Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully.   Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger.  I feel little, humiliated and disgusted with myself.

 

Example 2:  Boyfriend blackmails and destroys property to control and induce fear

Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, "if you mess with me, I'll retaliate," was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael's behavior becomes particularly alarming when he is under the influence of drugs.

 

Example 3: Ex-boyfriend stalks 

Jenna's ex-boyfriend shows up at Jenna's work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.

Situations where other types of Restraining Order apply

 

Criminal Court Order of Protection is issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime. An Assistant District Attorney may request a criminal court order of protection on your behalf. You do not need to have an intimate or personal relationship with the person charged with the offense. The judge decides whether to issue an order of protection, as well as the terms and conditions. The person charged with abuse is called a “defendant.” The victim of abuse is called the “complaining witness.” There does not need to be a relationship between the complaining witness and the defendant.

 

 

A Supreme Court order of protection: can be issued as part of an ongoing divorce proceeding. If you have an ongoing divorce case and would like to request an order of protection, you may do so by making a written request by Motion or Order to Show Cause; or you may make an oral request at a court appearance. If you are represented by an attorney, your attorney may make the written or oral request for you. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.

 

 

What if I am Under 18 years of Age?

An Order of Protection  can be requested by anyone including those who are under 18 years of age. The judge may assign you a

However, as a minor (a person under the age of 18) , you will need a parent, adult household member or guardian ad litem to file the protection from abuse order on your behalf. The relevant laws are 23 Pa.C.S.A. § 6102(a) and 23 Pa.C.S.A. § 6106(a).

 

How Order of Protection Solve the Problem

The purpose of a restraining order 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 a restraining 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, a restraining 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

Here's the top three findings from a study on domestic violence and restraining orders from the University of New Hampshire

Reduce ViolenceReduce Violence

Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.

Cost Effective

Cost Effective

They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.

Countryside

Urban Vs. Rural

The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the restraining orders hold greater importance.

Process for Getting a Order of Protection

Step 1: Gather Evidence

The first step is to gather the evidence to support your case. The fallowing are considered as evidence of domestic violence

Evidence Type 1: Pending Criminal Case

Judges are also more likely to issue an order if there is an ongoing criminal case, therefore it's important to call such cases out when seeking a temporary restraining order.

When a judge sees that there's a criminal case happening, they might think it means the police or the district attorney are pretty sure they can prove the crime happened.

Examples of evidence are:

Evidence Type 2: Photos of violence, injuries, damage

These are the most common types of evidence submitted. These can be photos of victim's injuries inflicted by the abuser. It is helpful to add photos next to the related incident description to help create a complete picture for the judge.

Evidence Type 3: Print outs of messages, emails or transcripts of voicemail

You can take screenshots of text messages and attach them. Similarly you can print emails and attach them as pictures or PDF files. While in most cases you cannot submit digital files such as

Evidence Type 4: 911 Calls

Rather than just saying you called 911 or any specific hotline, you can make your case stronger by listing the following items

  • The number dialed in case of the domestic hotline
  • The date and time (or approximate date and time) when the call was made
  • Who made the call
  • What was reported on the call
  • Any specific details of the person who answer the 911 call e.g. male/female voice

Evidence Type 5:  Medical Records

.You can attach documentation of previous medical emergencies or injuries that resulted from the actions of the abuser. These could be hospital visit records, print outs from your hospital portal (E.g. mychart) showing details of your visit.

Evidence Type 6:  Police reports

You can attach a copy of the police reports filed against abuser for domestic violence.

Evidence Type 7:  Testimony

  • A testimony from a witness. The witness can be anyone such as a family member, neighbor a co-worker or a bystander. The testimony is just an essay written describing the incidents witnessed, with as many specifics as possible.

Step 2: Get a copy of court forms 

Domestic Violence Forms

New York State Unified Court System

The court forms are provided an organization that oversees all courts in New York, called NY State Unified Judicial System , and are freely available on their website as a PDF file.  Some forms are required for all applicants and then the rest are optional and apply depending on the situation and stage.

 

Form Number Title PDF DOC WPD
GF-5 Temporary Order of Protection (Family Court) PDF Doc -
GF-5a Order of Protection (Family Court) PDF Doc -
GF-5b Affidavit in Support of Issuance of Family Court Temporary Order of Protection (Individual Complainant/Petitioner) PDF Doc WordPerfect
GF-5c
CRIM-4
Affidavit in Support of Issuance of  Family Court Temporary Order of Protection (Peace or Police Officer, Agency or Designated Person) PDF Doc WordPerfect
GF-5d
SC-3
CRIM-5
Affidavit in Support of Modification Of Family Court Temporary Order of Protection or Order of  Protection PDF Doc WordPerfect
GF-5e Affidavit In Support Of Entry Of Out-of-State Order Of Protection Or Temporary Order Of Protection Onto Statewide Registry Of Orders Of Protection PDF Doc WordPerfect
GF-6 Temporary Order of Protection (Person in Need of Supervision or Juvenile Delinquency) PDF Doc -
GF-6a Order of Protection (Person in Need of Supervision or or Juvenile Delinquency) PDF Doc -
GF-9 Order (Violation of Order of Protection with/witout Commitment) PDF Doc WordPerfect
GF-11 Order of Commitment PDF Doc WordPerfect
8-1 Information for Victims of Domestic Violence PDF Doc
8-1 Informacion Para Las Victimas De Violencia Domestica
(above 8-1 form in Spanish)
PDF  Doc
8-1 الأسري
(above 8-1 form in Arabic)
PDF
8-1 পারিবারিক সহিংসতার আক্রান্তদের জন্য তথ্য
(above 8-1 form in Bengali)
PDF
8-1 ENFÒMASYON POU MOUN KI VIKTIM VIOLANS DOMESTIK
(above 8-1 form in Haitian Creole)
PDF
8-1 가정폭력피해자에 관한 정보
(above 8-1 form in Korean)
PDF
8-1 ИНФОРМАЦИЯ ДЛЯ ЖЕРТВ БЫТОВОГО НАСИЛИЯ
(above 8-1 form in Russian)
PDF
8-1 家庭暴力(家暴)受害者需知
(above 8-1 form in Simplified Chinese)
PDF
8-1 家庭暴力(家暴)受害者需知
(above 8-1 form in Traditional Chinese)
PDF
8-2 Petition (Family Offense) PDF Doc WordPerfect
8-3 Notice to the District Attorney PDF -
8-4 Order of Transfer For Criminal Prosecution PDF Doc WordPerfect
8-5 Order of Disposition PDF Doc WordPerfect
8-6 Order - Firearms Licenses And Surrenders Notice to Law Enforcement Agency PDF Doc WordPerfect
8-6A Firearms Search and Seizure Order PDF Doc
8-7 Family Offense - Order of Dismissal PDF Doc WordPerfect

 

Form Number Title PDF DOC WPD
SC-1 Temporary Order of Protection (Supreme Court) PDF Doc -
SC-2 Order of Protection (Supreme Court) PDF Doc -
SC-3 Supreme Court Seizure Order Form PDF Doc -
CRIM-1 Order of Protection/Family Offense (Criminal Courts) PDF Doc -
CRIM-2 Order of Protection/Non-Family Offense (Criminal Courts) PDF Doc -
Family Protection Registry Center Information Sheet PDF WordPerfect
Family Protection Registry Center Addendum to Information Sheet PDF WordPerfect
Application for an Order to Terminate or Sever Lease (Criminal) PDF Doc
Order to Terminate or Sever Lease (Criminal) PDF Doc

 

 

Tip: You can check your local court's website to see the exact versions and set of court forms needed. You need to prepare these forms. Courts also offers a free self help center where you can take forms. Alternatively you can use a free website such as LegalAtoms to prepare the restraining orders paperwork online.

 

Nothing happens until you file the forms. So its a good idea to step through the forms even if you think you don't plan to file for a protection order right now, to get

You can then file them online when you've thought through all aspects.  There are special protections for victims, and you're protected even if your immigration status is undocumented in United States.

 

Step 3: File the Court Forms

Typically these are filed at your county's Court. Some of these courts are also called Family Justice Center.

 

 

Step 4: Get a Temporary Order 

Depending on the facts and evidence presented, a Judge can issue a restraining order with immediate effect until the hearing, called an Emergency Temporary Order.  In relatively less risky situations, a temporary order is issued in a few days.

If there are no grounds or if the application is incomplete or the jurisdiction is incorrect the application may be rejected.

The temporary order is only valid for about 3 weeks which is the amount of time until the hearing. 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.

Step 5: Serve the abuser 

 

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.

 

L.A. County court to staff: Get COVID vaccine or get fired - Los Angeles Times

 

Step 7. Collect the Final Order

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 five years.

Costs

There are no costs associated with a Domestic Violence Restraining Order.

  • FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
  • FREE filing: There is fees for filing. Online filing platforms may charge a service fees

If later in the process a Order of Protection is successfully issued, then the defendant might be required to pay all the fees of filing and service as well as an additional $100 government frees for enforcement of domestic violence laws.

Process Duration

You can get a temporary protection order the same day as you file.

Courts can have a cutoff of around 2 p.m.  for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.

Courts are generally open Monday-Friday and closed on Saturday-Sunday.

The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.

At the hearing a formal order may be issued

 

Risks

It is conceivable that following the submission of a civil protection order, 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 a 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 a domestic violence Protection order, it's important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.

 

Prepare your Order of Protection official forms
Answer a few questions, and see current and reliable information

  • Anonymously check if your situation is eligible
  • Get precise and current information for your jurisdiction
Posted in

Related Posts

Domestic Violence Protection Order (DVPO) in Tacoma and Pierce County in Washington

Domestic Violence Protection Order (DVPO) at the Spokane County in Washington

Domestic Violence Protection Order (DVPO) at the King County in Washington

Scroll To Top