New York
New York Restraining Order Laws (2026): Orders of Protection Explained
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 9 primary sources cited on this page. How we verify our legal content
In New York, an Order of Protection can be obtained through Family Court (a civil proceeding), Criminal Court (tied to a prosecution), or Supreme Court (in divorce cases); Family Court orders last up to two years, or up to five years when aggravating circumstances are found, and filing in Family Court is free.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in New York
New York does not call its civil protective orders "restraining orders." The correct term is Order of Protection, and it is available through three distinct court tracks that can run at the same time.
The Family Court Order of Protection (NY Family Court Act §§841-842) is a civil proceeding. The petitioner files a family offense petition and drives the case from start to finish. This track is designed for victims who want protection without necessarily having the respondent prosecuted.
The Criminal Court Order of Protection (CPL §§530.11, 530.12) is issued as a condition of a criminal prosecution. Once a family-offense crime is charged, the District Attorney's office takes the lead; the order is ancillary to the criminal case and lasts for the duration of the prosecution and, if the respondent is convicted, for a period tied to the offense.
The Supreme Court Order of Protection is issued in the context of a matrimonial action (divorce, separation, annulment, or equitable distribution). When domestic violence or harassment is alleged as part of a divorce proceeding, the court handling the case can issue an order that protects a party or child.
All three orders can be in effect at the same time and do not cancel each other out.
Who can get a restraining order in New York?
The Family Court track is available to people in a qualifying "family offense" relationship under FCA §812. Qualifying relationships include: spouses and former spouses; parents and children; persons related by blood or marriage; persons who have a child in common; and persons who are or were "in an intimate relationship." Courts look at the nature, frequency, and duration of the relationship to decide whether an intimate relationship qualifies.
The Criminal Court track covers the same household and intimate relationships but applies whenever qualifying family-offense charges are filed, regardless of whether the victim has also filed in Family Court.
The Supreme Court track is limited to parties in a matrimonial action.
There is no standalone civil harassment order in New York that covers complete strangers (as some other states provide). If the respondent is not in any of the Family Court-qualifying categories, the options are a criminal complaint or a civil lawsuit rather than a Family Court protective order.
Qualifying relationships for a Family Court Order of Protection include:
- Current and former spouses
- Parents, children, and relatives by blood or marriage
- Persons who share a child
- Current and former intimate partners (dating or sexual relationship)
How to file for a restraining order in New York
To seek a Family Court Order of Protection, file a family offense petition at the Family Court in the county where you live, where the respondent lives, or where the abuse occurred. There is no filing fee. Courts provide forms, and many courthouses have Family Justice Centers or on-site domestic-violence advocates who can help complete paperwork and accompany petitioners.
The petition describes the qualifying relationship and the family offense (the conduct that forms the basis of the petition). A judge or hearing officer reviews it and, if warranted, issues a Temporary Order of Protection the same day without prior notice to the respondent.
For the Criminal Court track, call 911 or go to a police precinct to make a report. The responding officer or detective forwards the matter to the District Attorney's office; you do not file papers yourself for the criminal-court order. You can pursue both tracks simultaneously.
For a Supreme Court order in a divorce case, the order is requested by motion as part of the existing matrimonial case.
Under VAWA, no filing fee or service fee may be charged for a domestic-violence protective order. Court self-help centers and legal-aid organizations can assist at no cost.
Temporary vs. final orders: how long they last
In Family Court, a Temporary Order of Protection (TOP) is issued ex parte at the first court date, often the same day the petition is filed. The TOP does not have a fixed end date. Instead, it remains in effect and resets with each court adjournment until the case is resolved by a final order, a consent order, or a dismissal. Before the case is resolved, see a New York family lawyer for a free case evaluation on the final hearing or a consent order (attorney advertising).
In Criminal Court, a Temporary Order of Protection is issued at arraignment and similarly remains in effect throughout the pendency of the case.
At the final hearing in Family Court, after the respondent has had notice and an opportunity to be heard, the court may issue a final Order of Protection with a fixed duration:
| Type of Final Order | Maximum Duration |
|---|---|
| Standard Family Court Order of Protection | Up to 2 years |
| Family Court Order with aggravating circumstances | Up to 5 years |
| Criminal Court (felony conviction) | Up to 8 years |
| Criminal Court (Class A misdemeanor conviction) | Up to 5 years |
| Criminal Court (other offenses) | Up to 2 years |
Aggravating circumstances that can extend a Family Court order to five years include: physical injury to the petitioner; use of a dangerous instrument; prior violations of protective orders; prior convictions against the protected party; or ongoing danger. Criminal-court durations shown above are already-enacted law that will change to 5/3/1 years effective September 1, 2027 (CPL §530.12(5)).
Firearms and a New York Order of Protection
New York has one of the more robust firearm-inquiry requirements in the country, though suspension and surrender are conditional, not automatic. Under FCA §842-a, upon the issuance of any Order of Protection (temporary or final), the court is required to inquire whether the respondent possesses any firearms.
License suspension and mandatory firearm surrender follow only when the court also makes an additional finding: for a temporary order, good cause to believe the respondent has a prior violent-felony conviction, a prior willful violation of a protective order involving injury or a weapon, a prior stalking conviction, or a substantial risk the respondent will unlawfully use or threaten a firearm; for a final order, that the conduct underlying the order involved physical injury, a threatened deadly weapon, or a violent felony, or a similar substantial-risk finding. When one of those triggers is found, the respondent's firearms license is suspended and all firearms, rifles, and shotguns must be surrendered to law enforcement, beginning with the temporary order if the trigger is found at that stage.
Criminal Court and Supreme Court proceedings include parallel provisions under CPL §530.14 and DRL §240.
Separately, a qualifying final Order of Protection issued after notice and a hearing triggers the federal firearm ban under 18 U.S.C. §922(g)(8), prohibiting the respondent from possessing any firearms or ammunition under federal law.
What happens if someone violates the order?
Violating a New York Order of Protection triggers multiple legal consequences.
Intentional disobedience of an order may be prosecuted as second-degree criminal contempt under Penal Law §215.50, a Class A misdemeanor punishable by up to 364 days in jail under Penal Law §70.15(1). This criminal prosecution is distinct from a Family Court enforcement proceeding. Criminal contempt in the first degree under §215.51 is a Class E felony carrying up to four years in prison. If the violation rises to aggravated criminal contempt under §215.52 (for example, intentionally or recklessly causing physical injury to the protected person, or committing first-degree contempt with a prior contempt conviction), it is a Class D felony with a sentence of up to seven years.
In Criminal Court, a violation of the order can result in bail revocation, probation revocation, and a new criminal contempt charge.
Law enforcement may make a warrantless arrest when there is probable cause to believe the respondent committed an offense in violation of the protective order (CPL §140.10). A criminal contempt charge is separate from any underlying family offense.
If the respondent violates the order, call 911 immediately. Tell the dispatcher that an Order of Protection is in effect and describe the violation. Request that a police report be made. Keep records of all violations, including dates, times, any witnesses, and photographs or messages, as documentation will support any enforcement proceeding.
Separate contempt procedures have different limits. Judiciary Law §751(1) allows up to three months for the court-contempt procedure involving violation of an order issued under CPL §530.12 or §530.13; that is not the Penal Law §215.50 misdemeanor sentence. In Family Court, an enforcement proceeding is started by filing a violation petition alleging that the respondent failed to obey a lawful order of the court (FCA §846), not by motion. If the court is satisfied after a hearing that the failure was willful, FCA §846-a lets it modify the existing order or issue a new order of protection, order forfeiture of bail, order the respondent to pay the petitioner's reasonable and necessary counsel fees, revoke or suspend a firearms license, and commit the respondent to jail for a term not to exceed six months.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
For a full overview of protective orders in every state, see the Restraining Order Laws by State hub.
If you are documenting harassment or threats in New York, see New York Recording Laws for the rules on recording conversations legally in your state.
More New York Laws
- New York Child Custody Laws
- New York Divorce Laws
- New York GPS Tracking Laws
- New York Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in New York?
File a family offense petition at your county Family Court at no cost. A judge can issue a Temporary Order of Protection the same day. You can also seek a Criminal Court order by reporting the offense to police; the DA files that order. If you are in a divorce proceeding, you can request an order from the Supreme Court handling your case.
How long does a restraining order last in New York?
A Family Court final Order of Protection lasts up to 2 years. If the court finds aggravating circumstances (physical injury, weapon use, prior order violations), it can last up to 5 years. Criminal Court orders tied to a felony conviction last up to 8 years; to a Class A misdemeanor conviction, up to 5 years.
How much does a restraining order cost in New York?
Filing a Family Court Order of Protection petition is free. Under the federal Violence Against Women Act, New York cannot charge a filing fee or service fee for a domestic violence protective order.
Can I get a restraining order without a police report?
Yes. A Family Court Order of Protection is a civil proceeding filed directly by the petitioner; no police report or criminal charges are required. A police report can strengthen your petition, but it is not a prerequisite.
Does a restraining order take away gun rights in New York?
Under FCA §842-a, the court must inquire about firearms on every Order of Protection, temporary or final. License suspension and firearm surrender are ordered only when the court also finds a statutory trigger, such as a prior violent felony conviction, a prior willful violation involving injury or a weapon, or a substantial risk the respondent will misuse a firearm. A qualifying final order also triggers the federal ban under 18 U.S.C. §922(g)(8) regardless of whether the state-level suspension/surrender trigger is met.
What happens if the respondent violates the order?
Intentional disobedience can be charged as criminal contempt in the second degree under Penal Law §215.50 (Class A misdemeanor, up to 364 days under §70.15(1)), criminal contempt in the first degree under §215.51 (Class E felony, up to 4 years), or aggravated criminal contempt under §215.52 (Class D felony, up to 7 years) for the most serious violations such as causing physical injury. Police can arrest without a warrant on probable cause. Call 911 immediately and document the violation.
What is the difference between a Family Court order and a Criminal Court order of protection in New York?
A Family Court order is a civil proceeding driven by the petitioner; you file the petition yourself and control the case. A Criminal Court order is ancillary to a criminal prosecution driven by the District Attorney; you are a witness, not the legal driver. Both offer protection, and they can run at the same time.
Updates
Clarified that a Family Court enforcement case is started by filing a violation petition under Family Court Act §846 and listed the remedies available under §846-a, including commitment to jail for up to six months.
Corrected the second-degree criminal contempt maximum to 364 days and distinguished separate court-contempt and Family Court enforcement procedures. Verified FCA §842 as the anchor for order conditions and duration.
Corrected New York's firearm-surrender rules: the court's duty to inquire about firearms applies to every Order of Protection, but license suspension and firearm surrender require an additional court finding, not an automatic result of any order. Also fixed the tense on the 2027 criminal-court duration change, which is already-enacted law with a future effective date, not pending legislation.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Family Court Act
§ 842Order of protectionIn force
§ 842. Order of protection. An order of protection under section eight hundred forty-one of this part shall set forth reasonable conditions of behavior to be observed for a period not in excess of two years by the petitioner or respondent or for a period not in excess of five years upon (i) a finding by the court on the record of the existence of aggravating circumstances as defined in paragraph (vii) of subdivision (a) of section eight hundred twenty-seven of this article; or (ii) a finding by the court on the record that the conduct alleged in the petition is in violation of a valid order of protection. Any finding of aggravating circumstances pursuant to this section shall be stated on the record and upon the order of protection. The court may also, upon motion, extend the order of prot
Official text (excerpt) · last checked 2026-09-10 · Read the full text in our law library · Verify at nysenate.gov
New York Criminal Procedure Law
§ 530.12Protection for victims of family offensesIn force
Protection for victims of family offenses. 1. When a criminal action is pending involving a complaint charging any crime or violation between spouses, former spouses, parent and child, or between members of the same family or household, as members of the same family or household are defined in subdivision one of section 530.11 of this article, the court, in addition to any other powers conferred upon it by this chapter may issue a temporary order of protection in conjunction with any securing order committing the defendant to the custody of the sheriff or as a condition of any order of recognizance or bail or an adjournment in contemplation of dismissal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- People v. Wood (New York Court of Appeals 2000, 95 N.Y.2d 509)“…Ct Act § 813 [2]; § 821-a [2] [b]; §§ 828, 841 [d]; § 842; Criminal Procedure Law § 530.12). 2 The Double Jeopard…”
- People v. Foster (Appellate Division of the Supreme Court of the State of New York 2011, 87 A.D.3d 299)“…THE COURT Eng, J. In July 2006 the Legislature amended Criminal Procedure Law § 530.12 (5) to increase the maximum duration of…”
- People v. Ervin (Criminal Court of the City of New York 2015, 47 Misc. 3d 489)“…Subject to Modification by Subsequent Family Court Order” Criminal Procedure Law § 530.12 (1) (a) (1) permits a court to issue a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 530.11Procedures for family offense mattersIn force
Procedures for family offense matters. 1. Jurisdiction. The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circulation, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Richardson v. Richardson (Appellate Division of the Supreme Court of the State of New York 2010, 80 A.D.3d 32)“…family offenses- when it amended Family Court Act § 812 and Criminal Procedure Law § 530.11 to state, 1 ‘ [n]otwithstanding a comp…”
- Matter of Silverman v. Town of Ramapo (Appellate Division of the Supreme Court of the State of New York 2023, 222 A.D.3d 652)“…the victim in this state of a family offense as defined in [Criminal Procedure Law § 530.11(1)] or [Family Court Act § 812] may, up…”
- Kristina P. v. Wilfredo M. (New York City Family Court 2016, 51 Misc. 3d 926)“…y Court Act § 154-e, Domestic Relations Law § 240 (3-c) and Criminal Procedure Law § 530.11 (5). Insofar as relevant to the proceed…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 530.14Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400In force
Suspension and revocation of a license to carry, possess, repair or dispose of a firearm or firearms pursuant to section 400.00 of the penal law and ineligibility for such a license; order to surrender firearms; order to seize firearms. 1. Suspension of firearms license and ineligibility for such a license upon issuance of temporary order of protection. Whenever a temporary order of protection is issued pursuant to subdivision one of section 530.12 or subdivision one of section 530.13 of this article the court shall inquire of the defendant and the prosecutor as to the existence and location of any firearm, rifle or shotgun reasonably believed to be owned or possessed by the defendant, and the prosecutor will make reasonable efforts to obtain such information regarding the same and present it to the court and: (a) the court shall suspend any such existing license possessed by the defendant, order the defendant ineligible for such a license and order the immediate surrender of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that (i) the defendant has a prior conviction of any violent…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Matter of Michael Fauntleroy v. Kelly (New York Supreme Court, New York County 2004, 2004 NY Slip Op 50875(U))“…of a temporary or permanent order of protection pursuant to Criminal Procedure Law § 530.14 or Family Court Act § 842-a. It is clea…”
- Fusco v. County of Nassau (District Court, E.D. New York 2020)“…8 Both N.Y. Crim. Proc. Law § 530.14 and N.Y. Fam. Ct. Act § 842-a pertain t…”
- Henry v. County Of Nassau (District Court, E.D. New York 2020)“…olice Commissioner. NYPL § 265.00(10). Licensing 6 Both N.Y. Crim. Proc. Law § 530.14 and N.Y. Fam. Ct. Act § 842-a pertain t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 530.13Protection of victims of crimes, other than family offensesIn force
Protection of victims of crimes, other than family offenses. 1. When any criminal action is pending, and the court has not issued a temporary order of protection pursuant to section 530.12 of this article, the court, in addition to the other powers conferred upon it by this chapter, may for good cause shown issue a temporary order of protection in conjunction with any securing order or an adjournment in contemplation of dismissal. In addition to any other conditions, such an order may require that the defendant: (a) stay away from the home, school, business or place of employment of the victims of, or designated witnesses to, the alleged offense; (b) refrain from harassing, intimidating, threatening or otherwise interfering with the victims of the alleged offense and such members of the family or household of such victims or designated witnesses as shall be specifically named by the court in such order; (c) 1. to refrain from intentionally injuring or killing, without justification, any companion animal the defendant knows to be owned, possessed, leased, kept or held by such victim or victims or a minor child residing in such victim's or victims' household. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- People v. Coleman (New York Supreme Court 2006, 11 Misc. 3d 1019)“…2 NY3d *1023 310, 315 [2004]). The primary intent of Criminal Procedure Law § 530.13 is to protect victims and to encourage…”
- Matter of Adler (Garyfalia K.) (New York Supreme Court, Nassau County 2024, 2024 NY Slip Op 24099)“…e years from the date of sentence ( Penal Law § 70.15[1]; Criminal Procedure Law § 530.13[4]). If he was convicted, not only woul…”
- People v. Smith (Appellate Division of the Supreme Court of the State of New York 2020, 133 N.Y.S.3d 481)“…used of violating an order of protection issued pursuant to Criminal Procedure Law § 530.13. Criminal Procedure Law § 530.13, which…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 140.10Arrest without a warrant; by police officer; when and where authorizedIn force
Arrest without a warrant; by police officer; when and where authorized. 1. Subject to the provisions of subdivision two, a police officer may arrest a person for: (a) Any offense when he or she has reasonable cause to believe that such person has committed such offense in his or her presence; and (b) A crime when he or she has reasonable cause to believe that such person has committed such crime, whether in his or her presence or otherwise. 2. A police officer may arrest a person for a petty offense, pursuant to subdivision one, only when: (a) Such offense was committed or believed by him or her to have been committed within the geographical area of such police officer's employment or within one hundred yards of such geographical area; and (b) Such arrest is made in the county in which such offense was committed or believed to have been committed or in an adjoining county; except that the police officer may follow such person in continuous close pursuit, commencing either in the county in which the offense was or is believed to have been committed or in an adjoining county, in and through any county of the state, and may arrest him or her in any county in which he or she…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 71 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Dove (New York Supreme Court 2007, 18 Misc. 3d 254)“…People v Johnson, 66 NY2d 398 [1985].) Moreover, under Criminal Procedure Law § 140.10 (1) (b), a police officer may arrest a…”
- People v. Herne (New York County Courts 2013, 41 Misc. 3d 1086)“…u), read in conjunction with the arrest power provisions of Criminal Procedure Law § 140.10 (3). The People contend that those char…”
- Boyd v. Village of Mamaroneck (Appellate Division of the Supreme Court of the State of New York 2026, 2026 NY Slip Op 02239)“…ly discretionary (<i>see</i> <i>id.</i> at 469-470).</p> <p>Criminal Procedure Law § 140.10(4)(b)(i) also directs that a police off…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Penal Law
§ 215.51Criminal contempt in the first degreeIn force
Criminal contempt in the first degree. A person is guilty of criminal contempt in the first degree when: (a) he contumaciously and unlawfully refuses to be sworn as a witness before a grand jury, or, when after having been sworn as a witness before a grand jury, he refuses to answer any legal and proper interrogatory; or (b) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he or she: (i) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm or by means of a threat or threats; or (ii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by repeatedly following such…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 327 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Lewis (New York Court of Appeals 2005, 5 N.Y.3d 546)“…aw § 120.05 [2]) and criminal contempt in the first degree (Penal Law § 215.51 [b] [v]). This appeal does not involve…”
- People v. Alexander (New York Court of Appeals 2002, 97 N.Y.2d 482)“…an Alford plea to criminal contempt in the first degree (Penal Law § 215.51 [b] [v]) in satisfaction of the indictm…”
- People v. Wood (New York Court of Appeals 2000, 95 N.Y.2d 509)“…contempt provision contains no other element different from Penal Law § 215.51 (c), but must be based on an order issu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 215.52Aggravated criminal contemptIn force
Aggravated criminal contempt. A person is guilty of aggravated criminal contempt when: 1. in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued; or 2. he or she commits the crime of criminal contempt in the first degree as defined in subdivision (b) or (d) of section 215.51 of this article and has been previously convicted of the crime of aggravated criminal contempt; or 3. he or she commits the crime of criminal contempt in the first degree, as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdivision (b) or subdivision (c) of section 215.51 of this article, and has been previously convicted of the crime of criminal contempt in the first degree, as defined in such subdivision (b), (c) or (d) of section 215.51 of this article, within the preceding five years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 67 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Cahill (New York Court of Appeals 2003, 2 N.Y.3d 14)“…apon in the fourth degree and aggravated criminal contempt (Penal Law § 215.52). [3] In January 1999 the two indictme…”
- People v. Reyes (Appellate Division of the Supreme Court of the State of New York 2016, 144 A.D.3d 1683)“…ng him upon a jury verdict of aggravated criminal contempt (Penal Law § 215.52 [1]), criminal contempt in the first de…”
- People v. James (Appellate Division of the Supreme Court of the State of New York 2016, 135 A.D.3d 787)“…as charged in count one of the indictment (see Penal Law § 215.52 [1]), is unpreserved for appellate revi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 215.50Criminal contempt in the second degreeIn force
Criminal contempt in the second degree. A person is guilty of criminal contempt in the second degree when he engages in any of the following conduct: 1. Disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority; or 2. Breach of the peace, noise, or other disturbance, directly tending to interrupt a court's proceedings; or 3. Intentional disobedience or resistance to the lawful process or other mandate of a court except in cases involving or growing out of labor disputes as defined by subdivision two of section seven hundred fifty-three-a of the judiciary law; or 4. Contumacious and unlawful refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any legal and proper interrogatory; or 5. Knowingly publishing a false or grossly inaccurate report of a court's proceedings; or 6.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 70.15Sentences of imprisonment for misdemeanors and violationIn forcecited in 4 of our articles
Sentences of imprisonment for misdemeanors and violation. 1. Class A misdemeanor. A sentence of imprisonment for a class A misdemeanor shall be a definite sentence. When such a sentence is imposed the term shall be fixed by the court, and shall not exceed three hundred sixty-four days. 1-a. (a) Notwithstanding the provisions of any other law, whenever the phrase "one year" or "three hundred sixty-five days" or "365 days" or any similar phrase appears in any provision of this chapter or any other law in reference to the definite sentence or maximum definite sentence of imprisonment that is imposed, or has been imposed, or may be imposed after enactment of this subdivision, for a misdemeanor conviction in this state, such phrase shall mean, be interpreted and be applied as three hundred sixty-four days. (b) The amendatory provisions of this subdivision are ameliorative and shall apply to all persons who are sentenced before, on or after the effective date of this subdivision, for a crime committed before, on or after the effective date of this subdivision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 209 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Janvier (Appellate Division of the Supreme Court of the State of New York 2020, 186 A.D.3d 1247)“…n note that the New York State Legislature recently amended Penal Law § 70.15. The amendment requires that one-year o…”
- People v. Archer (Appellate Division of the Supreme Court of the State of New York 1986, 121 A.D.2d 730)“…e Governor approved the Laws of 1984 (ch 673) which amended Penal Law § 70.15 (1) so that, inter alia, the maximum…”
- People v. Kirkland (New York Supreme Court 1986, 131 Misc. 2d 487)“…The so-called "Misdemeanor Reclassification Act” amended Penal Law § 70.15 and CPL 340.40 and added a new section…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Queens Council Candidate Charged With Forgery Over AI-Faked Endorsements, New York AI Meeting Recording Laws (2026)
New York Domestic Relations Law
§ 240Custody and child support; orders of protectionIn forcecited in 6 of our articles
Custody and child support; orders of protection. 1. (a) In any action or proceeding brought (1) to annul a marriage or to declare the nullity of a void marriage, or (2) for a separation, or (3) for a divorce, or (4) to obtain, by a writ of habeas corpus or by petition and order to show cause, the custody of or right to visitation with any child of a marriage, the court shall require verification of the status of any child of the marriage with respect to such child's custody and support, including any prior orders, and shall enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child and subject to the provisions of subdivision one-c of this section.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 1,319 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):New York courts apply Section 240(1-b)'s three-step formula before deviating. Bast v. Rossoff (1998) held the formula governs shared custody cases too and rejected a proportional offset. Smith v. Smith (2014) recalculated a parent's pro rata share under it and sustained a deviation from the presumptive amount as unjust or inappropriate.
Opinions citing this section in our collection:
- Bast v. Rossoff (New York Court of Appeals 1998, 91 N.Y.2d 723)✓Two attorney parents split their daughter's week under a stipulated shared custody schedule, and the lower courts set support using the paragraph (f) factors instead of the formula; the court held the three-step formula must be calculated first and remitted for redetermination.
- Smith v. Smith (Appellate Division of the Supreme Court of the State of New York 2014, 116 A.D.3d 1139)✓After the father was found to be the custodial parent, the court recalculated the mother's presumptive obligation under Domestic Relations Law 240(1-b) at $283.50 weekly, agreed a downward deviation was warranted, but held the reduction to $30 excessive and set $150 weekly.
- Holterman v. Holterman (New York Court of Appeals 2004, 3 N.Y.3d 1)✓A physician paying his ex-wife yearly installments for her share of his medical license's enhanced earnings argued those should come off his income; the court held Domestic Relations Law 240(1-b) allows no such deduction and does not count the award as the recipient's income.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kyra's Law Explained: New York's Custody-Safety Overhaul Awaits the Governor's Signature, New York Child Support Laws (2026): Guidelines & Calculator, New York Child Custody Laws: Best Interests, Case Law Standards, and Your Rights
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
New York Judiciary Law
§ 751Punishment for criminal contemptsIn forcecited in 2 of our articles
Punishment for criminal contempts. 1. Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where the punishment for contempt is based on a violation of an order of protection issued under section 530.12 or 530.13 of the criminal procedure law, imprisonment may be for a term not exceeding three months. Where a person is committed to jail, for the nonpayment of a fine, imposed under this section, he must be discharged at the expiration of thirty days; but where he is also committed for a definite time, the thirty days must be computed from the expiration of the definite time. Such a contempt, committed in the immediate view and presence of the court, may be punished summarily; when not so committed, the party charged must be notified of the accusation, and have a reasonable time to make a defense. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- New York City Transit Authority v. Transport Workers Union of America (Appellate Division of the Supreme Court of the State of New York 2006, 35 A.D.3d 73)“…on of the contempt fines. As further discussed below, under Judiciary Law § 751 (2) (a), “extreme provocation” is a di…”
- Clinton Corner H.D.F.C. v. Lavergne (Appellate Division of the Supreme Court of the State of New York 2001, 279 A.D.2d 339)“…nd the subsequent Supreme Court order dated May 25, 2000. Judiciary Law § 751, which sets forth the authorized punish…”
- O'Connell v. Taddeo (New York Supreme Court 1997, 174 Misc. 2d 110)“…diciary Law § 750 (A) (1), and sentenced in accordance with Judiciary Law § 751 (1), based upon his "disorderly, contem…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Jury Duty Laws: $72 Pay, Excuses and Employer Rules
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Sources and References
- NY Family Court Act §§812, 841-842, 842-a(nysenate.gov).gov
- NY Penal Law §§215.50-215.51 (criminal contempt/aggravated family offense)(nysenate.gov).gov
- NY Courts, Orders of Protection self-help(nycourts.gov).gov
- NY Criminal Procedure Law §§530.11, 530.12(nysenate.gov).gov
- CPL §140.10: warrantless arrest(nysenate.gov).gov
- Penal Law §215.50: criminal contempt in the second degree(nysenate.gov).gov
- Penal Law §70.15(1): Class A misdemeanor maximum sentence(nysenate.gov).gov
- Judiciary Law §751(1): separate court-contempt procedure(nysenate.gov).gov
- Family Court Act §846-a: failure to obey an order(nysenate.gov).gov
- Family Court Act §846: petition alleging violation of a court order(nysenate.gov)