Restraining Orders

New York law allows you to file against a member of the same family or household who committed domestic violence against you. “Members of the same family or household” are defined as people who:

• are current or former spouses;
• are related by blood or marriage;
• have a child in common; or
• are/were in an intimate relationship.¹ Note: An “intimate relationship” could include close relationships that are not romantic or sexual in nature. For more information, see What is the legal definition of an “intimate relationship?”

Even if the abuser has committed a crime against you and you have an order of protection from criminal court, you can still apply for a civil, family court order of protection since both courts have what is called “concurrent jurisdiction.”²

Note: An order of protection can also be issued in supreme court,³ which is the court in NY state where divorces are filed and litigated. You can request an order of protection at any time before trial or before a settlement is final in the divorce.  However, getting changes made to a supreme court order can be difficult and expensive.  It might be a good idea to request that the order include a provision that any future changes can be made in family court. 

¹ NY Fam Ct Act § 812(1)
² NY Fam Ct Act § 115(e)
³ NY Dom Rel Law § 240(3)