How To Get A Restraining Order In New York

In New York, a restraining order is formally called an Order of Protection and it refers to a legal document issued by a judge which outlines specific conditions of conduct that an individual is legally required to obey. It essentially directs a person (the respondent) on actions they must take or refrain from, with the aim of ensuring the safety and well-being of another party (the petitioner).
A New York Order of Protection may be issued in a variety of situations, particularly where harassment, assault, or the threat of such conduct is present or imminent. Depending on the circumstances of each case, an order of protection may include the following conditions:

• Not possessing a gun
• Refraining from contacting the petitioner and their family
• Moving out of a shared apartment
• Keeping a specific distance away from the petitioner
• Following custody orders
• Paying child support

Orders of Protection in New York are governed by various laws, depending on the circumstances and the type of case in which they are sought. Common applicable laws include Article 8, Section 842 of the New York Family Court Act and Sections 530.12 and 530.13 of the New York Criminal Procedure Law (CPL).
Note: Since Orders of Protection are issued through the court system, they ultimately become part of the official New York civil court records.

Types Of Restraining Orders in New York

In New York, there are two broad types of order of protection:

• Temporary Ex parte Order of Protection

A temporary Order of Protection is issued ex parte, meaning it is granted solely based on the petitioner's representations, without any prior notice to or input from the respondent. However, this relief is only issued as a matter of urgency and lasts until the next court date when the respondent will be notified and available to defend themselves.

• Final Order of Protection

In contrast to a temporary Order of Protection, a final Order of Protection is issued after both parties have had the opportunity to appear in court, present evidence, and be heard. Final Orders of Protection in New York are typically valid for up to 2 years, but they may be extended to up to 5 years in cases involving aggravating circumstances, such as serious physical injury, use of a weapon, or repeated violations of the order.
Orders of Protection can also be classified based on the issuing court and applicable rule:

• Family Court Order of Protection

Family Court Orders of Protection are issued through a civil process that begins with the filing of a Family Offense Petition. These protective orders are designed to prevent violence within families or between individuals in intimate relationships.

• Criminal Court Order of Protection

Criminal Court Orders of Protection are issued only against individuals who have been formally charged with a crime and are typically imposed as a condition of bail or release in the criminal case. Unlike family court orders of protection, the opposing parties in a criminal court orders of protection are the State of New York and the defendant. The victims of abuse in these cases are called complaining witnesses.

• Supreme Court Order of Protection

The Supreme Court can issue an order of protection during an ongoing divorce proceeding. This type of order of protection is typically started via a Motion or Order to Show Cause.

• Orders of Protection from the Integrated Domestic Violence Court (IDV)

An IDV Court hears cases that involve both family and criminal issues. It also has the authority to issue protective orders where necessary.

Are Restraining Orders Public Records In New York?

Yes and no. The bulk of restraining orders are considered public documents in New York by virtue of § 255 of the New York Judiciary Law. Per the law, court clerks are mandated to assist anyone who requests a court record and has or is ready to pay the mandated fees.
That said, it is important to note that certain statutory exemptions may restrict access to certain records such as those involving rape, bastardy, seduction, and divorce (§ 4 of the New York Judiciary Law). Furthermore, § 166 of the New York Family Court Act, records of family court proceedings, including family court orders of protection, are confidential and cannot be accessed freely by members of the public. Access to these records is typically limited to the parties involved, their lawyers, the court, and certain authorized agencies. Judges are only allowed to exercise their discretion in granting access to these records to other parties if there is a valid reason for it.

How To Lookup Restraining Orders In New York

Individuals can look up a public order of protection in New York by exploring the following options:

• Visit the courthouse where the order was issued — As mentioned above, restraining orders are issued through the state's family, criminal, or supreme courts, depending on the nature of the case. Each courthouse is responsible for maintaining its own records and handling search requests for those records. Consequently, any interested party can approach the clerk of the issuing court to view a file in person at the clerk's office during normal business hours
• Utilize the State's Unified Court System — Although counties in New York do not operate independent online systems for looking up court records, the New York State Unified Court System maintains a centralized eCourt system for this purpose
• Third-party databases and authorized parties in confidential cases

Can You Lookup A Restraining Order Online?

Yes—but only to a limited extent. Members of the public can remotely access basic case information related to Orders of Protection, depending on the court that issued the order. For example, criminal court Orders of Protection may appear in the New York State Unified Court System's eCourt platform, specifically through WebCriminal. Meanwhile public information regarding Orders of Protection issued by the supreme court may be available through WebCivil Supreme.
These online records typically show limited details, such as whether an Order of Protection was issued, the charges filed, court dates, and the current status of the case. However, the full text of the order and specific protective terms are not accessible online, especially to the extent that it protects the victim's identity or location.
As indicated earlier, family court orders of protection are out of bounds to the general public. Individuals may only remotely access the state's Orders of Protection Dashboard to obtain counts of protective orders issued in the state annually from 2015. Other than these, there are no other official New York online tools offering public or party-specific remote access to information regarding Orders of Protection in the state.

How To File A Restraining Order In New York

Filing an Order of Protection in New York depends on the type of case (Family Court, Criminal Court, or Supreme Court). Orders of protection in criminal and supreme courts occur within the context of another case. This means that the order is not filed independently, but is instead requested as part of an ongoing legal proceeding—such as a criminal prosecution or a divorce case.

In contrast, eligible parties can initiate a separate case solely to obtain an order of protection in a family court by taking these steps:

• Step 1: Confirm Eligibility

Only victims of domestic violence where the perpetrator is a member of the same family or household can get an Order of Protection from a family court. These include former and current spouses, persons related by blood or marriage, people who have a child between them, and persons in an intimate relationship.

• Step 2: Confirm the Appropriate Family Court

Individuals may file for an Order of Protection in the Family Court located in the county where they live, where the abuser resides, or where any of the alleged family offenses occurred.

• Step 3: Complete a Petition

Next, the applicant is expected to file a Family Offense Petition at the appropriate family court to officially initiate the process of obtaining an Order of Protection. Petitioners are advised to fill out the petition carefully, inputting detailed information about the abuse, including the nature of the incidents, dates, locations, and any past history of violence or threats. Accurate and thorough descriptions can help the judge assess the need for immediate protection.

• Step 4: Appear before a Judge

Once the petitioner submits their completed Family Offense Petition, the court clerk forwards it to a judge. Based on the urgency and details, the judge may issue a summons or an arrest warrant for the respondent. In many cases, an Order of Protection is granted immediately, even without full financial details or proof of emergency.

• Step 5: Serve the Papers

The court will explain how to serve the summons, petition, and order of protection, typically through the police or sheriff's office, often at no cost. This step is important because the order only becomes valid once it is served, and the respondent must be notified to appear in court on the next date.

• Step 6: Attend the Hearing

It is important for the petitioner to attend all court dates. If unable to, they should contact the court clerk to request a postponement. Missing court may lead to dismissal and end any temporary orders. If the case proceeds to a hearing, both parties can present evidence and witnesses. If the respondent is absent, the judge may issue a default order or reschedule the hearing.

Can You File A Restraining Order For No Reason In New York?

No. All types of Orders of Protection in New York are granted based on some form of evidence or allegations that suggest the respondent has committed or is likely to commit a family offense, act of harassment, abuse, stalking, or another form of harm. The court must be presented with specific facts that justify the need for protection. Without that, a restraining order will not be issued. For example, in a New York family court, the petitioner must show that the defendant committed a family offense.

What Proof Do You Need For A Restraining Order In New York?

Per § 828 of the New York Family Court Act, "the court for good cause shown may issue a temporary Order of Protection". At this stage, it is enough for the petitioner's sworn statement to present facts that raise concern in the judge's mind, enough to believe the petitioner needs immediate protection.

On the other hand, the threshold for final Orders of Protection is highlighted in § 832 of the New York Family Court Act is "by a fair preponderance of the evidence". This means that it must be more likely than not that the abuse or harmful conduct occurred and is often proven through a plethora of evidence that includes:

• Police reports
• Medical records
• Recorded written threats (text messages or emails)
• Photos and videos
• Witness statements

Note: Criminal Court Orders of Protection require a higher level of proof—proof beyond reasonable doubt.

How Long Does It Take To Get A Restraining Order In New York?

Due to the urgency of temporary Orders of Protection, the court typically grants them on the same day the petitioner files the request, provided the sworn allegations raise sufficient concern to justify immediate protection.
On the other hand, a final order of protection is issued at the end of the case. This is when the judge determines that based on the preponderance of evidence (in family and supreme courts) or proof beyond a reasonable doubt (in criminal cases) that the order is justified.
Note: There is no fixed statutory timeline in New York law for when a final Order of Protection must be issued. It can span a few weeks to months depending on the specifics of a case.

How Long Does A Restraining Order Last In New York?

A temporary Order of Protection lasts until the next scheduled date. Generally, every court appearance leads to an extension of the temporary order until the case reaches resolution. Meanwhile, Final Orders of Protection typically last for a year in criminal cases and 2 years in family cases.

Note: The law allows for up to 5 years in both courts when serious factors are involved.

How Much Does A Restraining Order Cost in New York?

In New York, most people who apply for an Order of Protection end up paying very little or nothing at all, especially when the case involves domestic violence, harassment, stalking, or abuse. The State of New York does not assess filing fees for family and criminal court Orders of Protection. However, a Supreme Court Order of Protection that does not involve the above forms of abuse may require a filing fee of $45. Even then, qualified persons may successfully apply for a fee waiver (poor person's relief) to eliminate filing fees and other costs (Section 1101 of the New York Civil Practice Law and Rules).

The cost of serving processes to the other party depends on the Generally, county sheriffs and local law enforcement agencies handle service of processes at no cost. However, individuals using private process servers will cover the costs of such services. Meanwhile, legal representation is not mandatory, and free legal assistance is widely available through legal aid societies, domestic violence advocacy organizations, and Family Justice Centers.

Can You Cancel A Restraining Order In New York?

Yes. An Order of Protection can be canceled or modified in New York, but only based on the judge's discretion. Whether the request comes from the petitioner or the respondent, the party requesting a modification of an order of protection must file a motion in court and back it up with evidence supporting their reasons for the request. The court will schedule a hearing, notify the other party, and allow both sides to be heard before making a decision. If the court finds enough reason, the judge may modify or cancel the order.