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How do I get a restraining order in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

New York has three parallel tracks for protective orders.

1. Types of Protective Orders

  • Family Court Order of Protection — N.Y. Family Court Act art. 8 (family offense proceedings).
  • Criminal Court Order of Protection — N.Y. Crim. Proc. Law § 530.12 (DV) and § 530.13 (non-DV), entered with a criminal case.
  • Supreme Court Order — issued in divorce/matrimonial actions under DRL § 240.
  • Civil TRO — N.Y. CPLR § 6313 for non-family civil cases (workplace, harassment by stranger).
  • Extreme Risk Protection Order — N.Y. CPLR art. 63-A (red flag).

    • 2. Eligibility

    Family Court requires "members of the same family or household": spouse, former spouse, related by blood/marriage, co-parent, intimate partner (including non-cohabiting dating; Fam. Ct. Act § 812). Stalking by a stranger goes to criminal court or via CPLR § 6313.

    3. Filing

    File a Family Offense Petition in Family Court of any NY county. No filing fee. Petitioner may seek both Family Court civil order and have police file a criminal complaint simultaneously.

    4. Emergency / Ex Parte (Temporary Order)

    Issued same day on showing of "good cause." Lasts until next court date (typically 2-4 weeks).

    5. Full (Fact-Finding) Hearing

    Preponderance standard (Fam. Ct. Act § 832). Both parties present, may have counsel; assigned counsel available for indigent respondents. Evidence includes testimony, texts, photos, 911 audio, police records.

    6. Permanent Order Duration

    Up to 2 years; 5 years if "aggravating circumstances" exist (Fam. Ct. Act § 842): physical injury, weapon use, violation of prior order, or prior conviction.

    7. Enforcement

    Violation is criminal contempt under Penal Law § 215.50 (Class A misdemeanor) or § 215.51 (Class E felony for aggravated). NY has mandatory arrest for DV order violations. Federal firearm prohibition under 18 U.S.C. § 922(g)(8) plus N.Y. SAFE Act suspension.

    8. Modification / Vacating

    Either party may move to modify under Fam. Ct. Act § 844 on changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent is contesting and you have an upcoming custody case
    • Cross-petition has been filed against you
    • Pistol permit or NYPD/peace officer firearm at stake
    Related Statutes & Laws
    • N.Y. Family Court Act art. 8
    • N.Y. Crim. Proc. Law § 530.12
    • N.Y. CPLR § 6313
    • N.Y. Penal Law § 215.50
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.