How To Get an Order of Protection in NY

Experiencing abuse, threats, or violence from someone close to you is terrifying and exhausting. It’s not easy to reach out for help, but protecting yourself and your family is the first step toward reclaiming your safety and peace of mind. Whether you’re enduring physical harm, abuse, threats of abuse or sexual assault, stalking, or ongoing harassment, it can feel like you’re trapped with no way out. But you don’t have to face this alone.

Taking legal action can seem intimidating, especially when you’re already dealing with so much. But understanding how to get an order of protection in NY is a crucial first step toward regaining control. Let’s walk through the process so you can protect yourself and your loved ones.

Understanding Orders of Protection

In New York, a restraining order is called an order of protection. An order of protection is a legal document issued by a judge that requires another person to stop harmful behavior toward you. It can require the person to stay away from your home, workplace, or other important places. In some cases, it may also prevent them from contacting you through any form of communication. The purpose of this order is to help shield you from threats, harassment, physical harm, or other types of abuse.

Who Can File for an Order of Protection?

You can file a petition for a New York order of protection in Family Court if you share a particular relationship with the person you’re seeking protection from. Specifically, you qualify if:

• You’re related by blood or marriage to the person
• You’re currently or were previously married to them
• You have a child with them
• You’re or were in an intimate relationship with them

The court will determine if your relationship is intimate by looking at factors such as how often you interacted and how long the relationship lasted. However, casual acquaintances or business relationships don’t qualify for Family Court orders of protection. If your situation doesn’t fall into these categories, you would need to file in Criminal Court instead.

Key Steps in Getting an Order of Protection in New York

Securing an order of protection in NY involves several important steps. Here’s a breakdown:

• Submitting the Petition: The process starts when you or your lawyer submit a formal petition to Family Court. This document outlines the abusive behavior, threats, or harassment you’ve endured and explains why you need protection.  We’ll go into more detail about what information should be included in your petition in the following sections, as it’s crucial for the court to fully understand your situation.
• Issuance of a Temporary Order: After the court reviews your petition, they may grant a Temporary Order of Protection (TOP) to provide immediate safety. This is often done without the other person (the respondent) being present to ensure you’re protected until the hearing.
• Notifying the Respondent: Once the temporary order is issued, it must be served to the person against whom you’re seeking protection. In New York, this is typically handled by law enforcement or a process server to officially notify them of the order’s terms.
• Court Hearing: A court date will be set where both you and the person you’re seeking protection from will have the opportunity to present evidence and share your sides of the story. The judge will review all the information to determine the next steps.
• Final Decision: After reviewing the evidence, the judge will decide whether to extend the order, change its terms, or make it permanent. This decision ensures your ongoing safety, with final orders often lasting a few years or more.
• Compliance and Enforcement: Once the court grants the protection order, it’s important to ensure it’s followed. Any violation of the order can result in serious legal penalties, including arrest or criminal charges.

Filing your petition is one of the most critical parts of the process, and what you include can have a significant impact on the outcome. In the following section, we’ll cover the key details your New York family law attorney will help you include to make your case clear to the court.

What Should You Include in Your Petition?

Your petition for an order of protection needs to be detailed and compelling. Your attorney can assist you in gathering and organizing the essential information. Here’s what your lawyer will help you include:

• Specific examples of abuse or threats: You’ll need to describe incidents of abusive behavior or threats, explaining when and where each occurred.
• Details of physical harm: If you were physically injured, such as bruises or cuts, make sure to provide this information.
• Use of weapons: If the person used a weapon during any incident, this is crucial to include.
• Key incidents: Your attorney will guide you in emphasizing the most recent, the first, and the worst incidents.
• Other types of abuse: If the abuse was emotional, verbal, or sexual, those details should also be included. For verbal abuse, it’s helpful to recall the exact words used.
• Prior court involvement: Be sure to mention any past involvement with criminal court or previous protective orders.

By working with a skilled attorney, you can ensure that your petition is thorough and leaves no important information out, giving you the best chance of receiving the protection you need.

What Can You Request in an Order of Protection?

As part of your petition, you can request specific protections from the court. Your lawyer will help you decide which of the following options best fit your needs:

• Keeping Distance: You can request that the court order the person who harmed or threatened you to stay away from your home, workplace, children’s school, or any other place you frequently visit.
• No Contact: In addition to physical distance, you can ask that the court restrict the person from contacting you in any way, whether through phone calls, texts, social media, or even through others.
• Protection from Specific Actions: If the individual has been engaging in particular harmful actions, like harassment or verbal abuse, you can request that they be legally ordered to stop those behaviors immediately.
• Help Collecting Your Belongings: If you’ve left a shared home and feel unsafe going back to retrieve personal items, you can ask the court for permission to return with law enforcement at a designated time to safely collect your belongings.
• Removal from Shared Home: If your safety is at risk because of living with the abuser, you can ask the court to order that they leave the residence—even if they own or have their name on the lease.
• Temporary Financial Support for Children: You can request that the court order the person to provide financial support for your child, but note that this would be a short-term solution. You will need to file a separate petition for permanent child support.

The court can also order the respondent to hand over any firearms they possess and may revoke or suspend their gun license if necessary.

Remember, an order of protection is a powerful legal tool, but it’s just one part of a comprehensive safety plan. Stay vigilant, trust your instincts, and don’t hesitate to seek help when you need it. Your safety and well-being are paramount, and there are resources and professionals ready to support you through this process. At Hedayati Law Group, we are here to provide compassionate support and guidance, helping you take the necessary steps to protect yourself and your loved ones.

You’re Not Alone: Let’s Protect Your Future Together

Taking the step to seek an order of protection is difficult, but it’s an essential move toward ensuring your safety. At Hedayati Law Group P.C., we understand the emotional and legal challenges you’re facing, and we’re here to help you through the process of obtaining the legal protection you need.

Our experienced and compassionate New York family law attorneys have helped countless individuals in Nassau County, Suffolk County, and New York City obtain orders of protection to keep them safe from harm. We’re ready to put our extensive knowledge to work for you, guiding you through every step—from filing the petition to representing you in court.

You don’t have to face this process alone. Let us take the burden of the legal work off your shoulders, ensuring your case is handled with care and precision. We’ll develop a personalized strategy based on your unique circumstances and work diligently to help you obtain the protection you need.

Your safety can’t wait. Contact us today at (516) 334-4100(516) 334-4100 or complete our online form for a complimentary consultation, and let us help you obtain the order of protection you need to reclaim your peace of mind. One call can be the first step toward a safer future.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Hedayati Law Group, P.C.
666 Old Country Road Suite 444
Garden City, New York 11530
(516) 334-4100(516) 334-4100
https://hedayatilaw.com/