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How to get an order of protection in New York Family Court

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

If someone in your family or household — including a spouse or ex-spouse, the other parent of your child, or someone you are or were in an intimate relationship with — commits certain offenses against you, such as assault, harassment, stalking, menacing or strangulation, you can file a family offense petition in Family Court and ask for an order of protection. When you file, the judge can issue a temporary order, even before the other person is heard. A final order can last up to two years, or up to five with aggravating circumstances. You can also go to criminal court, or both. If you are in danger right now, call 911.

Read on for the details, the exceptions and the sources.

In plain words

Order of protection
A court order telling a person to stay away from you, stop contacting you, or stop certain behavior. Breaking it can lead to arrest and jail.
Family offense petition
The form you file in Family Court describing what happened and asking for protection.
Temporary order of protection
An order the judge can issue right away, before the other side is heard, that lasts until the next court date. It is not a finding that the person did anything wrong.
Petitioner / respondent
You, the person asking for protection, are the petitioner. The person you want protection from is the respondent.

Who can file

Family Court handles family offenses between 'members of the same family or household' (Family Court Act § 812(1)). That includes:

  • People related by blood or marriage.
  • Spouses and former spouses, even if you no longer live together.
  • People who have a child in common, whether or not you ever married or lived together.
  • People who are or were in an intimate relationship, even if you never lived together. A casual acquaintance or ordinary business or social contact doesn't count.
  • People related by blood or marriage to the other person in such an intimate relationship.

What counts as a family offense

The covered offenses include disorderly conduct, harassment, aggravated harassment, stalking, menacing, assault and attempted assault, reckless endangerment, criminal obstruction of breathing and strangulation, sexual misconduct and forcible touching, criminal mischief, identity theft, certain grand larceny and coercion, and unlawful dissemination of an intimate image (§ 812(1)). The court can't deny an order just because the events weren't recent.

Where to go

You can go to Family Court, to criminal court, or to both at the same time (§ 812(1)–(2)). A Family Court case is civil: its purpose is to stop the violence and protect you. A criminal case is brought by the prosecutor and can lead to a conviction. If you have a divorce case pending, you can also ask the Supreme Court or Family Court for an order there (Domestic Relations Law § 252).

Go to the Family Court clerk in your county and say you want to file a family offense petition. Court staff, police, and domestic violence advocates can explain the options.

What documents you need

  • Your ID and the respondent's name, address and any other identifying details you have.
  • A clear account of what happened, with dates — the petition must describe the acts and your relationship to the respondent (§ 821(1)).
  • The names of all children in the household and their relationship to you and the respondent (§ 821(1)(c)).
  • Evidence if you have it: texts, voicemails, photos of injuries or damage, medical records, police reports, witnesses' names.
  • Any earlier orders of protection or related court papers.

Fees and costs

Ask the clerk about any costs. You have the right to a lawyer in a family offense case, and if you can't afford one, the judge can assign one to you free of charge — so can the respondent (Family Court Act § 262(a)(ii)).

Deadlines

  • There is no short filing deadline, and the court can't deny an order just because the events alleged were not recent (§ 812(1)).
  • A temporary order lasts for the period the judge sets and can be extended (§ 828).
  • A final order can last up to two years, or up to five years if the court finds aggravating circumstances or that the conduct violated an existing order of protection (§ 842).
  • Before a final order expires, you can ask the court to extend it for good cause; the fact that no abuse happened while the order was in effect isn't by itself a reason to refuse (§ 842).

Step by step

  1. Get safe first

    If you are in immediate danger, call 911. A domestic violence hotline or advocate can help you plan.

  2. File the petition

    Fill out the family offense petition at Family Court, describing what happened.

  3. Ask for a temporary order

    When you file, ask for a temporary order. For good cause, the judge can issue one without the respondent present (§ 828(1), (3)). It can also include temporary child support (§ 828(4)).

  4. Have the respondent served

    The respondent must receive the petition, any temporary order and the court date. Ask the clerk how to arrange service.

  5. Go back to court

    Bring your evidence and witnesses. The case may end with a final order after a hearing, or by agreement.

What happens next

A final order can require the respondent to stay away from your home, school, workplace, your children and other places the court names, to refrain from committing family offenses, and more (§ 842). Keep a copy with you.

If the respondent violates the order, call the police. You can also file a violation petition in Family Court; if the court finds a willful violation, it can issue a new order, order the respondent to pay your lawyer's fees, and commit the respondent to jail for up to six months (§ 846-a). Intentionally disobeying a court order can also be prosecuted as criminal contempt (Penal Law § 215.50(3)).

When to get help

  • You are afraid for your safety or your children's — call 911 in an emergency.
  • There are guns in the home — tell the judge.
  • You also need custody, visitation or child support decided.
  • The respondent has a lawyer, or you want to drop or change an order.

Frequently asked questions

Can I get an order of protection against an ex-boyfriend or ex-girlfriend?

Yes, if you were in an 'intimate relationship', even if you never lived together. Family Court Act § 812(1)(e) looks at the nature, frequency and length of the relationship; a casual acquaintance doesn't qualify.

Does a temporary order mean the judge believes me?

No. A temporary order of protection is not a finding of wrongdoing (Family Court Act § 828(2)). It protects you while the case goes on.

Do I have to choose between Family Court and criminal court?

No. You can go to either or both at the same time (Family Court Act § 812(1)–(2)). Family Court is civil and aims to protect you; criminal court can lead to a criminal conviction.

How long does an order of protection last?

A final Family Court order can last up to two years, or up to five years with aggravating circumstances or a violation of an existing order (Family Court Act § 842). It can be extended on a showing of good cause.

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.