What is an Order of Protection?
An order of protection is a document from a court that tells someone to stop hurting, threatening, or bothering you. Its purpose is to keep you safe. You can get an order of protection from Family Court, criminal court, or Supreme Court.
You can get an order if you have been abused, harassed, or threatened, or have been the victim of a crime. If the person the order is against (the offender) breaks the rules in the order, this is called a "violation."
The offender does not have to hit you in order to violate the order of protection. If the order of protection states that someone is not allowed to come near you and/or your home, and they do so, that is a violation of the order. Violating an order of protection is a crime.
What are the different types of orders of protection, and how long do they last?
In New York, there are three main types of orders of protection:
- Family Court order of protection
This is part of a civil case (not criminal) in Family Court. It helps stop violence in families or close relationships. You can request this order if you are related to the offender by blood, marriage, or have a close (intimate) relationship with them. An intimate relationship doesn’t have to be romantic.
Family Court orders usually last up to two years. In more serious cases, they can last up to five years. - Criminal court order of protection
This type is part of a criminal case. The District Attorney can ask for this order to protect you during the case. A final criminal court order can last up to eight years, depending on the crime. - Supreme Court order of protection
This type is only given during a divorce case in New York Supreme Court. You (or your lawyer) must ask the court in writing. These orders are permanent because they are part of the divorce agreement.
Sometimes, the court gives a temporary order while waiting for a final decision. Temporary orders last until your next court date. If you need it to last longer, talk to a lawyer.
What can I do if the order of protection was violated?
If the offender does not follow the order, you should call the police (911) right away, especially if you feel unsafe. Violating an order of protection is a crime, and the police can arrest the offender.
When the police are involved, the offender may face criminal charges for a violation. This is called "criminal contempt," which means they disobeyed a court order.
If your order is from Family Court, you can also file a violation petition in Family Court. This won’t usually result in an arrest, but the court may take other actions to help you. You can choose to go to criminal court, Family Court, or both.
What happens if I call the police about the violation?
The police may arrest the offender for breaking the order. If they committed other crimes during the violation, the police can add more charges. Violating an order of protection can lead to jail time.
Every time you call the police, they must fill out a form called a Domestic Incident Report. This report describes what happened and what the police did, such as whether the offender was arrested. Always ask for a copy of this report for your records. If you lose it, you can request another copy from the District Attorney’s Office.
At the scene, the police should also give you a Victim Rights Notice. This paper explains your rights and tells you how to get help from the police and the court.
If you need to go somewhere safe, the police can help you and your children get to another location. They can also help you get medical care if you need it after an incident.
Where can I find more information?
You can visit the New York Courts website to find more information about civil orders of protection and filing family offense (domestic violence) petitions. For more information on filing an order of protection in Family Court, go to the Family Court Website. There is also more information available on the website of the Office for the Prevention of Domestic Violence.
Last Reviewed: December 5, 2024