Who can file, and for what?
Article 8 requires a qualifying relationship. That includes current or former spouses, people related by blood or marriage, people who have a child together, and people who are or have been in an intimate relationship. An intimate relationship does not require living together or a sexual relationship — courts look at the nature and duration of the connection.
The petition must allege a family offense, which is a specific list of offenses defined in the statute rather than a general standard of bad behavior. It includes harassment, aggravated harassment, stalking, menacing, assault, attempted assault, reckless endangerment, strangulation, criminal mischief, disorderly conduct, and coercion, among others.
What can an order require?
Depending on the circumstances, an order can direct a person to:
- Stay away from you, your home, your workplace, and your children’s school
- Refrain from all contact — in person, by phone, by text, through social media, or through third parties
- Leave a shared residence, even one they have a right to occupy
- Surrender firearms
- Follow a specific custody or parenting arrangement
- Refrain from any conduct that would constitute a family offense
How does the process work?
The other party must then be served and has an opportunity to respond. Read the temporary order’s stated duration and conditions; the court may continue or modify it. Follow the order while it remains in effect.
The other party is then served and appears. The matter is either resolved by agreement or proceeds to a hearing, where the petitioner must prove the family offense by a preponderance of the evidence. If proven, the court can issue a final order of protection, generally up to two years, or up to five years on the required finding of aggravating circumstances or conduct violating an existing valid protection order.
Orders of protection can also arise from a criminal case. The two tracks can run at the same time over the same conduct.
If an order has been sought against you
Take it seriously from the first day, and get advice before the first appearance.
A final order of protection can remove you from your home, restrict contact with your children, require you to surrender firearms, and affect employment in fields requiring background clearance. Violating an order — including contact the protected person invited — is a criminal offense, and the fact that they reached out first is not a defense.
Consenting to an order “just to end it” is a decision with consequences that outlast the case. It should be made with advice, not in a hallway.
Frequently asked questions
How do I get an order of protection in New York?
File a family offense petition in Family Court. A judge can issue a temporary order the same day, before the other person is notified, based on the petition alone.
How long does an order of protection last?
Read a temporary order’s stated expiration and any later court orders. Under FCA §842, a final order generally lasts up to two years, or up to five on specified findings. The court may extend it for good cause or with the parties’ consent.
Do I need a lawyer for an order of protection?
You can file without one. Counsel matters more where the order is contested, where children or a shared home are involved, or where you are the person the order is sought against.
What happens if the order is violated?
Violation is a criminal offense and can result in arrest and prosecution. Contact that the protected person initiated does not excuse a violation by the person subject to the order.
Can an order of protection affect custody?
Yes. A family offense finding is relevant to custody, and an order can itself set the terms of contact with children.
Related: Child Custody & Parenting Time · Child Support · Spousal Support & Maintenance · back to Family Law
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539
Sources: New York statute
Last reviewed October 6, 2026