When personal safety is at risk due to threats, abuse, or harassment, New York courts can step in with a powerful legal tool: the Order of Protection. This court-issued order is designed to prevent further harm by placing strict behavioral restrictions on an individual who poses a threat. Whether you’re experiencing domestic violence, ongoing harassment, or fear for your children’s safety, understanding how Orders of Protection work in New York City can be a critical step toward reclaiming your peace of mind.
What Is an Order of Protection?
An Order of Protection is a legal document issued by a New York court to limit the actions of someone who harms or threatens to harm another person. Often referred to as a “restraining order,” it serves to:
- Prevent contact or communication with the protected person
- Require the respondent to move out of a shared home
- Enforce child custody and support terms
- Restrict gun ownership or possession
These orders can apply to spouses, dating partners, family members, or anyone with whom you’ve had an “intimate relationship,” even if that relationship wasn’t sexual.
Types of Orders of Protection
Orders of Protection can be both temporary and permanent. According to the 5th Judicial District your Order might include:
- Stay away: bars the respondent from showing up at your home, office, child’s school, etc. A stay away can also prevent someone from contacting your family members.
- Refrain from: the respondent must stop doing a certain action, such as threatening you.
- Exclusion: bans the respondent from entering the home they share with you. Exclusions are only granted when the respondent poses a clear and present danger to you or your children.
- Collect Belongings: requires law enforcement to be present when the respondent removes their personal items from your home.
- Firearms: the respondent will not be allowed to carry or use a weapon. The court will confiscate all firearms from your ex.
Where Can You Get an Order of Protection in NYC?
Depending on the nature of your situation, an Order of Protection can be issued by:
- Family Court (for civil cases involving family or intimate relationships)
- Criminal Court (after someone has been arrested and charged with a crime)
- Supreme Court (typically during divorce proceedings)
- Integrated Domestic Violence Court (for families involved in both criminal and civil/domestic violence cases)
Family Court vs. Criminal Court Orders of Protection
Family Court | Criminal Court |
Civil case between you and the respondent | Criminal case brought by the State of New York |
You initiate the case by filing a Family Offense Petition | The District Attorney files criminal charges |
Lower burden of proof (“preponderance of the evidence”) | Higher burden of proof (“beyond a reasonable doubt”) |
You can withdraw your petition if you choose | Only the DA can drop the case |
Court records are private | Court records and hearings are public |
How Are Orders of Protection Served?
To be enforceable, the respondent must be officially served. This can happen:
- In person by law enforcement or a third party over 18 (not the petitioner)
- Directly in court, if the respondent is present
- Through other methods approved by the court if traditional service isn’t possible
Enforcement: What Happens If the Order Is Violated?
Violating an Order of Protection is a crime in New York. If someone disobeys the terms—by calling, texting, showing up at your home, or even indirectly contacting you—they can be arrested immediately. You also have the option to:
- Report the violation to the police
- File a violation petition in Family Court
- Do both, depending on the circumstances
Unfortunately, not all Orders of Protection are followed. There is always a chance that your ex will disobey the terms listed in your Order. Because of this, it is important to keep a copy of your Order of Protection at home and at work. You should even consider giving a copy to your child’s school. Keep it handy so you can show law enforcement that your Order exists.
Can the Protected Person Violate the Order?
No. Legally, only the respondent (the person the order is filed against) can violate the order. Even if the protected party initiates contact, the burden remains on the respondent to follow the order’s terms. Ignoring the order—even with good intentions—can lead to arrest and serious legal consequences.
How Do You Modify or End an Order of Protection?
If your circumstances change and you want to adjust or terminate the order, you must return to the court that issued it. Only a judge has the power to change its terms. Informal agreements between the protected party and the respondent are not legally valid and will not protect the respondent from arrest.
What is a Hope Card?
For added convenience, New York offers Hope Cards, which are wallet-sized or digital summaries of your active Order of Protection. They include key information and a QR code linking to the official order. These are especially helpful when you need to quickly share proof of your protective status with law enforcement, schools, or employers.
When to Seek Legal Help in New York
If you feel unsafe, overwhelmed, or confused about how to navigate the legal system, don’t go through it alone.
At Brian D. Perskin & Associates P.C., our attorney team has extensive experience helping New Yorkers file for and enforce Orders of Protection. Whether your situation involves domestic violence, custody concerns, or harassment, we’ll work quickly to protect your rights and provide the legal support you need.
📞 Call us today at 718-875-7584 for a confidential consultation. Your safety is our top priority.