Restraining Orders

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)