This section defines domestic violence for the purposes of getting a civil order of protection. To get an order of protection, you must allege that the abuser committed one or more “family offenses” against you. The following crimes are considered to be family offenses when the victim and abuser are/were related by blood, marriage, in an intimate relationship, or they have a child in common:

1. Disorderly conduct
2. Harassment (1^st degree, 2^nd degree)
3. Aggravated harassment (2^nd degree)
4. Stalking (1^st degree, 2^nd degree, 3^rd degree, 4^th degree)
5. Menacing (2^nd degree, 3^rd degree)
6. Reckless endangerment (1^st degree, 2^nd degree)
7. Assault (2^nd degree, 3^rd degree)
8. Attempted assault
9. Criminal mischief (1^st degree, 2^nd degree, 3^rd degree, 4^th degree)
10. Sexual misconduct
11. Forcible touching
12. Sexual abuse (2^nd degree, 3^rd degree)
13. Strangulation (1^st degree, 2^nd degree)
14. Criminal obstruction of breathing or blood circulation
15. Identity theft (1^st degree, 2^nd degree, 3^rd degree)
16. Grand larceny (3^rd degree, 4^th degree)
17. Coercion (2^nd degree, 3^rd degree) - Note: only subsections (1), (2), (3) of the crime of coercion in the third degree (NY Penal Law § 135.60) are included as a family offense.¹

Note: A petition for an order of protection cannot be dismissed or denied based only on the fact that the incident(s) you allege happened a while before you applied for the order.²

¹ NY Fam Ct Act § 812(1)
² NY Fam Ct Act § 812(1); NY Dom Rel Law § 240(3)(e)

There are two types of orders: a temporary ex parte order of protection and a final order of protection.

When you apply for an order of protection (usually in family court), the judge can issue a temporary order of protection if s/he believes there is “good cause” to do so.¹ The temporary order usually lasts until you can have a full court hearing, which may not happen for many court dates. If the hearing does not happen on the first date you return to court, usually the judge will extend the order of protection from court date to court date.² On the hearing date, the abuser will have an opportunity to attend the full court hearing and present his/her side. Based on the testimony and evidence, a judge will decide whether to issue a final order of protection.

Note: If you need to file for an order of protection when the family court is closed, you can file for it in criminal court. The local criminal court can issue an ex parte temporary order that will last for no longer than 4 days. The order will generally be transferred to family court and the case would be scheduled for the next day that the family court is in session - and you must file your petition in family court on/before that date for your case to continue.³

A final order of protection may last up to 5 years, depending on the facts of your specific case. Usually the order will be granted for up to 2 years but if the judge determines that one or more “aggravating circumstances” exist, you can request that your order last for up to 5 years. Aggravating circumstances include:

• physical injury or serious physical injury;
• the use of a dangerous instrument (including a weapon);
• a history of repeated violations of prior orders of protection by the abuser;
• prior convictions for crimes against you by the abuser;
• the exposure of any family or household member to physical injury by the abuser; or
• prior incidents and behaviors of the abuser that make the judge believe the abuser is an immediate and ongoing danger to you or any member of your family or household.⁴

¹ NY Fam Ct Act § 828(1)(a)
² NY Fam Ct Act § 828(3)
³ NY Fam Ct Act § 154-d(1)
⁴ NY Fam Ct Act § 827(a)(vii)

As part of a temporary ex parte order or a final order, the judge can do any of the following:

• order the abuser to stop abusing you and your children;
• tell the abuser to leave the home and stay away from you, your home, your workplace, and your family even if his/her name is on the lease or deed;
• order the abuser to not come near your children, their school, daycare, etc.;
• direct the abuser to have no direct contact with you, including phone calls, texts, letters, or messages;
• direct the abuser to have to contact with you through other people, which is known as “third party contact;”
• order the abuser to give up his/her guns and gun license;
• order the abuser to not intentionally injure or kill, without justification, any pet that belongs to you or a minor child residing in the household;
• give you temporary custody and arrange for visitation for the duration of the order of protection;
• make an order for temporary child support in an amount that is “sufficient to meet the needs of the child” even if the details about the income and assets of the abuser are unavailable. You do not have to show an immediate or emergency need for the support; Note: If the abuser has employer-provided insurance, the judge can make an order that directs the employer to provide such insurance to your child;
• order the abuser to not do anything that creates an unreasonable risk to the health, safety, or welfare of your child;
• authorize the person leaving the home, whether it is you or the abuser, to retrieve his/her undisputed personal belongings from the home with a police escort;
• require that the parties return within seven business days with information about their income and assets and based on that information, the judge can award temporary spousal support if necessary;
• order the abuser to promptly return your and/or your minor child’s “identification documents,” including passports, birth certificates, immigration documents, bank cards, etc.;
• order the abuser to not remotely control any connected devices affecting your home, vehicle, or property; and
• do anything else that is necessary for your protection.¹

According to the law, a judge can also order the following in a temporary or final order, but this relief is usually only granted in a final order of protection:

• order the abuser to pay your attorney’s fees that you paid to get, or enforce, the order;
• order the abuser to pay for expenses related to the abuse, such as medical care and property damage; and
• order the abuser to participate in a batterer’s educational program and to pay for it if s/he has the means to do so.¹

Whether or not a judge orders any or all of these things depends on the facts of your case.

¹ NY Fam Ct Act §§ 842; 842-a
² NY Fam Ct Act § 842

You can file a petition in the county where the abuse took place, in the county where you live, or in the county where the abuser lives.¹ However, if you live in NY state but the abuser lives out of state, at least one of the abusive acts that you allege in your petition must have taken place in NY state for the court to be able to grant you an order of protection.² If the abuser threatens you on the phone, through texts or emails, these acts could be considered to have “taken place” in NY state if you receive the phone calls, texts or emails in NY.

¹ NY Fam Ct Act § 818
² NY Fam Ct Act §154(c)(1)

In New York, you may apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Can I get an order of protection?  You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence (“family offenses”) in New York?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

You may be able to get an order of protection on your own in family court – the main law covering family court orders of protection doesn’t have any specific rules for minors. (For information on who is eligible to file in family court, see Can I get an order of protection?)

Various scenarios might happen:

• The judge might allow you to have a hearing without the help of an adult.
• The judge may want to appoint either a guardian ad litem or an attorney (formerly called a “law guardian”) to help you with your case. 
• The judge might order that your parent(s) be involved. If getting your parent(s) involved would put you in danger, be sure to let the judge know, and request that the judge appoint you an attorney instead.

You may want to contact a domestic violence organization or legal resource in your area for assistance and support - see our NY Places that Help page.  

You do not have to have an attorney at the hearing but you may want one, especially if you think the abuser will have a lawyer.

The court should advise both you and the abuser that you each have a right to hire a lawyer to represent you and that if you cannot afford to hire a lawyer, you can ask the court to assign a lawyer to represent you for free (if you are a low-income person.)¹  In order to qualify for a free court-appointed lawyer, you must meet certain income requirements and the judge may ask you to produce paystubs or other proof of your income.  Do not be afraid to speak up and ask for an attorney even if the judge does not ask you if you want one appointed.

Even if you choose to proceed without an attorney or if the court delays in appointing an attorney for you, we recommended that you consult with an attorney to make sure that your legal rights are protected.  For more information on domestic violence agencies and legal assistance in your area, please go to NY Places that Help.

¹ NY Fam Ct Act §262(a)(ii)

In family court, you can file your petition in the county where either you or the abuser lives, or where one of the family offenses (acts) alleged in your petition took place. However, one thing to consider is that if you are living in a domestic violence shelter or other confidential location that is in a different county than where the abuser lives and where the violence took place, you may not want to file your petition in the county where you are living. If you do, the abuser will likely figure out that you filed in that county because you are living in that county and it might be easier for the abuser to find you if s/he knows what county you are living in. To find the courthouse in your area, go to NY Courthouse Locations. Note: NY State has an Address Confidentiality Program (“ACP”), which helps a victim who registers with the program to keep his/her address confidential when filing court petitions. Depending on where you live, you may have the option to file your petition electronically (at a local family justice center or other organization) and make an “electronic appearance” so that the judge can question you and issue an ex parte temporary order. This electronic filing and first appearance is aimed at accommodating victims for whom going to court to file for an ex parte order would create an undue hardship or risk of harm.¹

If the incident was reported to the police, you may want to bring the police report to court, if possible. Remember to bring some form of identification (a driver’s license or another picture I.D.).

At the courthouse, ask the clerk for the forms that you need to file. You can also find links to online court forms on our NY Download Court Forms page. You may be able to get help with this process through one of the domestic violence agencies listed on our NY Advocates and Shelters page.

¹ NY Fam Ct Act § 153-c

After you finish filling out your petition, bring it to the court clerk. The clerk will take it to a judge who may issue either a summons for the abuser to appear in court on a certain date, or a warrant for his or her arrest, depending upon the circumstances.

The judge may also issue a temporary order of protection and, if requested, the judge can also issue a temporary order of custody.  The judge can also temporarily order child support in an amount sufficient to meet the needs of the child, without having to prove an immediate or emergency need for the money.  The judge can make this order of temporary child support even if you do not know the respondent’s income.¹  Furthermore, the judge may issue temporary custody during the term of the order of protection to either parent or an “appropriate relative.”¹

In order to get final order of protection, there are two possibilities.  The first possibility is that the case will go to trial.  During a trial, or hearing, both you and the abuser will have an opportunity to be heard (through testimony) and either party can present evidence in support of their case.  The judge would then make his/her decision after hearing the evidence.  In order to get a five year order of protection, the judge must make a “finding” that aggravating circumstances existed.  The second possibility is that the parties (you and the abuser) come to an agreement or settlement under which the respondent (the abuser) consents to you having a final order of protection against him/her.  An order of protection issued “on consent,” as it may be called, is usually only given for up to two years since the respondent can usually consent to the order of protection without admitting any wrongdoing. If you believe that you can prove “aggravating circumstances,” and you are willing to go through a trial, you can ask for a trial and try to seek a five-year order rather than agree to get an order on consent which would only last up to two years. (Check the section entitled What types of orders of protection are there? How long can they last? to read about aggravating circumstances)

¹ See NY Fam Ct Act § 842(j)

It is very important that you attend all of the court dates.  If you find out you absolutely cannot attend, contact the court clerk immediately and ask how you can get a “continuance” or an “adjournment” for a later court date.  If you do not attend, the judge may dismiss your case and any temporary orders of protection will stop being effective.

If the court case does not settle, it will go to a hearing (trial).  At the hearing, you will be able to testify in court about the abuse and harassment you have experienced, present witnesses and other evidence to support your case.  The abuser will be allowed to do the same.  If you are not represented by a lawyer, you may want to consult with a lawyer before the hearing to understand what documents and evidence is legally admissible in court.  You can also find tips on our At the Hearing page.

If the abuser does not attend the hearing, the court may issue a “default judgment” and you may receive an order of protection against him/her in his/her absence.  The judge may hold what is called an “inquest,” which is a one-sided trial where you present your evidence and testimony and the judge decides the case based on that alone.  It is also possible that the judge may decide to reschedule the hearing for a different day.

If you have a temporary order of protection, it may expire on the next court date and another temporary one may be issued that is effective until the following court date.  Be sure to look at the expiration date of the order before each court date so you know if the judge should be issuing another temporary order of protection on your return court date.  If the judge does not mention that the order of protection is extended or continued, be sure to ask the judge if a new order is being issued on your behalf.  Once the case goes to a hearing or trial, if you win your case, the judge would issue a final order of protection.

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

• first, read the questions on this page to see if judges in New York have to power to remove guns as part of a temporary or final order;
• second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
• third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website. 

Modifying an order
Once an order is issued, only a judge can change it. If you want to make changes to an order, you must request them from the court that issued the order (which is usually family court). The abuser and the attorney for the child, if there is one, would be notified and a hearing would be held where the judge would decide whether or not to grant the modification.¹ Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website.

Note: If you need to modify your order when the family court is closed, you might be able to do it at the local criminal court. However, you must prove to the judge that the existing order is insufficient to protect you, your child, or other members of the your family or household - you can see the affidavit that you would file in criminal court on the NY Courts website. The local criminal court can issue an ex parte temporary (modified) order that will last for no longer than 4 days. The order will generally be made returnable to family court on the next day that the family court is in session - and you must file your petition in family court on/before that date for your case to continue.²

Extending an order
You can file to extend an order of protection for “good cause” even if no new incidents of abuse have occurred. It can also be extended if the abuser consents to the extension.³

​¹ NY Fam Ct Act § 154-c(2)
² NY Fam Ct Act § 154-d(2)
³ NY Fam Ct Act § 842

If the abuser violates the order of protection, you can report it to the police.  Depending on the facts, the police may be required to arrest him/her according to what is commonly known as the Mandatory Arrest Law.¹  According to the Law, the police “shall arrest” a person who violates the part of the order of protection that orders the abuser to “stay away” from you or if the abuser commits one of the crimes that falls into the category of “family offenses.”¹  The abuser can be arrested for contempt, for violating the court order, as well as for any other crime s/he may have committed when violating the order of protection.

Another option can be to file a violation/contempt petition in the court that issued the civil order of protection.  The violation petition and a summons must be served upon the abuser, or the court may issue a warrant for his/her arrest.  The judge will hold a hearing to determine if the order was violated and to decide what action should be taken against the abuser.  The judge may order that s/he go to jail for up to 6 months, a change in the conditions in your order of protection, and that s/he pay your attorney’s fees for the violation court case.² 

In addition, the judge can order the abuser to immediately turn in his/her guns, revoke the abuser’s gun license, and order that the respondent is ineligible to apply for a gun license (whether or not s/he currently has one).  In order to do this, the judge must find that the abuser willfully failed to obey a temporary or final order of protection and:

1. there is a “substantial risk” that the abuser may use or threaten to use a gun against you or anyone else on your order of protection (such as your children); or
2. the willful violation involves one of the following:
   • causing you serious physical injury;
   • using or threatening to use a deadly weapon or dangerous instrument; or
   • doing something that would be considered a violent felony offense or stalking (in any degree).³

¹ NY CPL §140.10(4)(b)
² NY Fam Ct Act § 846
³ NY Fam Ct Act § 846-a

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

You can file for an extreme risk protection order if the respondent is at risk of using a firearm to harm him/herself or others. Additionally, to file for an extreme risk protection order, you must be:

• the respondent’s “family or household member;”
• a police officer;
• district attorney; 
• employed at the respondent’s current school, or a school that s/he attended in the past six months, as a “school administrator” or the “school administrator’s employee (designee)” or
• a physician, psychiatrist, psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker, or licensed mental health counselor who treated the respondent within the past six months.¹

Family or household members include:

1. the respondent’s:

• current or former spouse;
• relative by blood or marriage;
• current or former relationship partner;

2. a person who has a child with the respondent;
3. a person who lives or has lived with the respondent; and
4. any other person who is legally considered a victim of domestic violence by the office of children and family services.²

A school administrator is the school principal or other similar type of school leader.³ A school administrator’s designee includes anyone picked by the school to start a case, including:

• teachers;
• guidance counselors;
• school psychologists;
• school nurses; and
• coaches.⁴

¹ NY ​CPLR § 6340(2)
² NY ​Soc Serv § 459-A(2)
³ NY ​Educ § 1125(6)
⁴ NY ​CPLR § 6340(2); New York Courts website

In a temporary extreme risk protection order, the judge can order that the respondent:

• not buy or have (possess) a firearm, shotgun, or rifle;
• not attempt to buy or have a firearm, shotgun, or rifle; and
• give up any firearm, shotgun, or rifle that s/he currently possesses to law enforcement.¹

In a final extreme risk protection order, the judge can order:

1. that the respondent:

• give up his/her guns to law enforcement;
• not buy firearms;
• not sell firearms;
• not have firearms; and

2. that the respondent’s firearms license be temporarily suspended and the respondent be ineligible for a firearm license.²

A final extreme risk protection order can also give police the right to search the respondent’s body, home, and vehicle for firearms and to remove them.³ A law enforcement agency will keep the respondent’s firearm, shotgun, or rifle during the period that the extreme risk protection order is in place unless ownership of the firearm, shotgun, or rifle is transferred to someone else.⁴

¹ NY ​CPLR § 6342(4)(d)
² NY ​CPLR § 6343(3)(b); New York Courts website
³ NY ​CPLR § 6343(3)(d); New York Courts website
⁴ NY ​CPLR § 6343(3)(b)(i)

The steps to get an extreme risk protection order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms and go to the supreme court in your county.

You can request that the judge renew the extreme risk protection order if you are the petitioner for the original extreme risk protection order. You can file your request anytime within the 60 days before the order is set to expire. The judge may issue a temporary extreme risk protection order until the hearing on your request for a renewal.¹ The respondent must be served with a written notice of your request and have a chance to participate in the hearing. If the judge finds that the respondent is still likely to engage in behavior that would cause serious harm to him/herself or others, the judge may renew the order.²

¹ NY ​CPLR § 6345(1)
² NY ​CPLR § 6345(2)

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in NY.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in NY, you may be able to get a new one issued in NY but this may be difficult to do if no new incidents of abuse have occurred in NY. To find out more information on how to get a protective order in New York, visit our NY Orders of Protection page.

To register your protection order in New York, you need to bring a certified copy of the order and identification to the petitions division of the family court.  You will also need to sign an affidavit (sworn statement) that says that you believe it is a valid order that has not been vacated or modified.  The clerk will then either enter your order directly into the statewide computerized registry or send it to the registry center to be entered.¹  

If you need help registering your protection order, you can contact a local domestic violence organization in New York for assistance. You can find contact information for organizations in your area here on our NY Advocates and Shelters page.

¹ See NY Executive Law § 221-a

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.¹  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NY Advocates and Shelters page.

¹ 18 USC § 2265(d)

There is no fee for registering your protection order in New York.¹

¹ NY Executive Law §221-a(3)

An order of protection is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)(A)
² 18 U.S.C. § 2265(a) & (b)

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?¹

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

In some states, you will need a certified copy of your order of protection. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In New York, a certified order has a stamp and a raised seal on it.

You will likely be given a certified copy when you get your order. To get an additional one, or if you don’t have one, you can go to the petitions division of your courthouse. There is no fee to get a certified copy of a New York order of protection.

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.

New York does not require you to tell the court if you move. However, it can be helpful for the court to have your new address so that they can let you know if anything changes with your order of protection.

If you choose to provide your new address to the court, you should be sure to let the court employee who is helping you that your address is confidential. The court should then note in the file that the address is confidential so that the public will not have access to it. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either New York or your new state. If you feel unsafe giving your new address, you can use the address of a friend you trust or a P.O. Box instead.

If you have already asked that the court keep your New York address confidential, you must notify the clerk (or the neutral party who serves as your agent for service of process purposes) of your change of address.¹

¹ NY Fam Ct Act §154-b(2)(d)

It may depend on the exact wording of the custody provision in your order of protection. You may have to first seek the permission of the court before leaving.   If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.  To read more about custody laws in New York, go to our NY Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in the NY area on our NY Places that Help page.