Understanding New York Orders of Protection

In New York, Orders of Protection are legal tools designed to keep individuals safe from abuse, threats, or harassment. These orders can be issued by two types of courts: Family Court and Criminal Court.

Family Court vs Criminal Court Orders

Family Court Orders: These are civil orders usually involving family members or people who have had an intimate relationship. They focus on protection and safety, especially in cases like domestic violence, child abuse, or harassment within families.

Criminal Court Orders: These are connected to criminal cases where abuse or harassment is also a crime. A judge may issue an order of protection as part of sentencing or bail conditions following an arrest or charge.

Who Can Petition for an Order?

Anyone who feels threatened or abused by a family member, intimate partner, or household member can petition Family Court for protection. Criminal Court orders generally occur after a criminal complaint is filed by law enforcement.

Temporary Orders, Service, and Hearings

After a petition is filed, a judge can issue a temporary order to provide immediate protection, even before the other party is notified. This order is served by law enforcement or court personnel to the person named.

A formal hearing usually follows within days or weeks where both sides can present their information. The judge then decides whether to issue a longer-lasting order.

Common Protections Included

• Ordering the abuser to stay away from the victim’s home, work, or school
• Prohibiting contact through phone, email, or other means
• Restricting the abuser from owning or possessing firearms
• Child custody and visitation orders to protect children

Basic Duration

Temporary orders usually last a few weeks until the hearing. Final orders of protection can last up to two years, with some extensions possible depending on the situation.

For additional support and resources, visit dv.support.