Reviewed August 2026
Protective Orders in New York
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. In New York, an Order of Protection can come from a Family Court case, a criminal case, or a Supreme Court divorce case. Family Court and criminal court share concurrent jurisdiction over family offense proceedings. The law covers a specific list of offenses, including assault, harassment, stalking, menacing, and strangulation, committed against a family or household member. New York defines family or household member broadly. It includes spouses and former spouses, relatives, and people who have a child together regardless of marriage. It also includes people who are or were in an intimate relationship. Courts judge that by the nature and duration of the relationship, not by whether the couple lived together. This page covers eligibility, the temporary order process, duration, firearms, and how it interacts with a divorce or custody case.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under New York law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New York paperwork. See how Virdix works for California divorces.
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Who qualifies and what counts as a family offense
Under Family Court Act Section 812, family or household members include people related by blood or marriage. It also includes current and former spouses, and people who have a child together, regardless of marriage or cohabitation. It covers people who are or were in an intimate relationship too. For that last category, the court looks at the nature of the relationship, how often the two people interacted, and how long it lasted. A casual acquaintance, or ordinary business or social contact, does not count. Covered family offenses include disorderly conduct, harassment, stalking, menacing, reckless endangerment, strangulation, assault, and coercion, among others.
Filing and the temporary order of protection
Under Family Court Act Section 821, a proceeding starts with a petition. It must state the specific conduct, the relationship between the parties, and any children in the family. Under Section 828, once someone files a petition, the court can issue a temporary order of protection ex parte, meaning without notice to the respondent, for good cause shown. At the same time, the court can issue a warrant for the respondent's arrest. A temporary order of protection is not a finding of wrongdoing. It is interim relief while the case proceeds.
Where to file: family court, criminal court, or as part of a divorce
A person can bring a family offense proceeding in Family Court, in criminal court, or in both. Section 812 gives these courts concurrent jurisdiction. Choosing Family Court does not strip criminal court of its own jurisdiction. In a pending divorce or separation case, a party can also ask the Supreme Court hearing that case to issue an order of protection. That happens as part of the matrimonial action, instead of filing a separate Family Court petition.
Duration
Under Family Court Act Section 842, a final order of protection sets conditions for up to two years. That can extend to up to five years if the court finds aggravating circumstances on the record, such as physical injury, use of a weapon, or violation of a prior order. The court can extend an order for good cause, or with the consent of both parties. If no further abuse occurred while the order was in effect, that alone is not a reason to deny an extension.
Firearms
New York ties firearm licensing directly to protective orders. Family Court Act Section 842-A covers suspension and revocation of a license to carry, possess, repair, or dispose of a firearm under Penal Law Section 400, when a court issues a protective order. Courts routinely order the surrender of firearms as a condition of a temporary or final order of protection in a qualifying family offense case.
Sources: Family Court Act Section 812, Procedures for family offense proceedings, Family Court Act Section 821, Originating proceedings, Family Court Act Section 828, Temporary order of protection, Family Court Act Section 842, Order of protection
Not independently confirmed
- Whether there is any filing fee for a Family Court Article 8 petition (New York Family Court proceedings are widely understood to be filed without a fee, but this page could not confirm that on a court self-help page because nycourts.gov blocked automated verification)
- New York State Coalition Against Domestic Violence's own hotline number 1-800-942-6906 was confirmed on nyscadv.org, but the page did not specify whether this line is state-run or routes to the National Domestic Violence Hotline network
Protective Orders in New York: frequently asked questions
How do I get an Order of Protection in New York?+
File a petition in Family Court alleging a specific family offense, such as assault, harassment, or stalking, by a family or household member. The court can issue a temporary order of protection the same day, without notice to the other party, for good cause shown.
Who qualifies as a family or household member in New York?+
Spouses and former spouses, relatives by blood or marriage, and people who have a child together regardless of marriage. It also includes people who are or were in an intimate relationship. Courts assess that by the nature, frequency, and duration of the relationship, not by whether the couple lived together.
Can I get an Order of Protection in criminal court or does it have to be Family Court?+
Either, or both. Family Court and criminal court have concurrent jurisdiction over family offense proceedings. Filing in Family Court does not remove the criminal court's jurisdiction. An order of protection can also come out of a pending Supreme Court divorce case.
How long does a New York Order of Protection last?+
Up to two years, or up to five years if the court finds aggravating circumstances. That includes physical injury, use of a weapon, or the respondent violating an earlier order. Courts can extend an order for good cause, or if both parties agree.
Does a New York Order of Protection affect someone's gun license?+
Yes, it can. Family Court Act Section 842-A ties an order of protection to suspension or revocation of a license to carry, possess, repair, or dispose of a firearm, under Penal Law Section 400.
Is a temporary Order of Protection proof that abuse happened?+
No. Family Court Act Section 828 states that a temporary order of protection is not a finding of wrongdoing. It is interim relief issued while the underlying case is still being decided.
This page is general information about protective orders in New York, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New York's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New York. Virdix does not prepare or file New York divorce paperwork. It is not a substitute for an attorney licensed in New York.
More New York divorce guides
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