Getting an Order of Protection

If you are being stalked, harassed or abused by a family member or intimate partner, requesting an order of protection is an avenue to consider.

What is an Order of Protection

An order of protection is a court order that limits the behavior of a person who has harmed you or threatened to cause you harm. In New York, orders of protection can be issued by the family court or criminal court.

A family court order of protection is issued as part of a family court civil proceeding. It can be requested for family violence and intimate partner violence. To begin a proceeding in family court, a petition must be filed.

A criminal court order of protection is issued only when a person has been charged with a crime. Unlike a family court order of protection, a criminal court order of protection can be issued where the parties are not family members or intimate partners.

How Do I Determine if I Need an Order of Protection?

Deciding whether seeking an order of protection is the appropriate course of action is not always a straightforward question. There are questions of privacy, safety and other legal risks and consequences, particularly when seeking an order of protection against an intimate partner or family member. While you may seek an order of protection in family court without the assistance of an attorney, it can be helpful to get advice. Having an advocate evaluate the risks and benefits and walk you through the process (including appearing in court on your behalf) can be invaluable.

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