New York Restraining Order Laws (2026): Orders of Protection Explained
New York Restraining Order Laws (2026): Orders of Protection Explained
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.
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 will change to 5/3/1 years effective September 1, 2027, under pending legislation.
Firearms and a New York Order of Protection
New York has one of the most robust firearm-surrender requirements in the country. 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
- Suspend any firearms license held by the respondent
- Order the immediate surrender of all firearms, rifles, and shotguns to law enforcement
The suspension and surrender obligation begins with the temporary order, not just the final order. The respondent must turn over all firearms, and their license to carry or possess firearms is suspended for the duration of the order.
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.
In Family Court, a violation may be prosecuted as criminal contempt under Penal Law §215.50, §215.51, or §215.52. A first violation constituting Class A misdemeanor contempt under §215.50 carries up to three months in jail. 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 is authorized to make a warrantless arrest when there is probable cause that a protective order has been violated. The violation is a separate criminal offense 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.
FCA §846-a also provides for civil enforcement of orders by motion in Family Court.
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.
More New York Laws
- New York AI Meeting Recording Laws
- New York Alimony Laws
- New York At-Will Employment Laws
- New York Car Accident Laws
- New York Car Seat Laws
- New York Child Custody Laws
- New York Child Support Laws
- New York Common Law Marriage Laws
- New York Data Privacy Laws
- New York Divorce Laws
- New York Dog Bite Laws
- New York Emancipation Laws
- New York Expungement Laws
- New York Hit and Run Laws
- New York Landlord-Tenant Laws
- New York Lemon Laws
Sources
- NY Family Court Act §§812, 841-842, 842-a: https://www.nysenate.gov/legislation/laws/FCT/842
- NY Criminal Procedure Law §§530.11, 530.12: https://www.nysenate.gov/legislation/laws/CPL/530.12
- NY Penal Law §§215.50-215.52: https://www.nysenate.gov/legislation/laws/PEN/215.51
- NY Courts, Orders of Protection self-help: https://www.nycourts.gov/courthelp/Safety/ordersofprotection.shtml
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.