Crawford Hearings in NYC: Getting Back Into Your Home After a Domestic Violence Arrest

If you’ve been arrested for domestic violence in NYC and banned from your own home by a Temporary Order of Protection, you may have a legal right to return.

You don’t have to wait months for your case to resolve. Since 2021, New York law has recognized that being barred from your own home is a fundamental deprivation of your property rights.

If you can show the court that you have a legitimate property interest in the residence—whether you’re on the lease, pay rent, or have established residency there—you have the right to request a Crawford Hearing within days of your arraignment.

This isn’t about the underlying criminal charges. This is about your constitutional right to due process before being deprived of your home.

At The Law Offices of Mehdi Essmidi, we work hard so that clients can return to their homes while the criminal process is ongoing. Contact us today for a free consultation.

What is a Crawford Hearing?

A Crawford Hearing is a legal proceeding that gives those charged with domestic violence the right to challenge a Temporary Order of Protection that removes them from their own home. Named after the landmark case Crawford v. Ally (2021), this hearing represents a shift in how New York courts handle orders of protection that affect where you live.

For decades, judges routinely issued “stay away” orders at arraignment with little more than a prosecutor’s request and the charges listed in the criminal complaint. The Crawford decision changed this practice by establishing that when an order of protection threatens to cause “immediate and significant deprivation of a substantial personal or property interest,” you have a constitutional right to a prompt evidentiary hearing.

This is your due process protection. The appellate court recognized that being ordered to stay away from one’s home can be devastating, affecting not just housing but also the ability to care for children, access work material, and maintain basic stability during an already difficult time.

A Crawford Hearing isn’t a favor from the court—it’s a legal right when facing the loss of your home. Whether you’re the leaseholder, pay rent, own the property, or have otherwise established a legitimate property interest, you might be entitled to have a judge review the case before deciding whether a “stay away” order is truly necessary.

When Crawford Hearings Apply

Not every Order of Protection triggers the right to a Crawford Hearing. The court must determine that you face a significant deprivation of a substantial property interest. Here are the key situations where Crawford Hearings apply:

• You Live in the Same Residence as the Alleged Victim

The most common scenario is when you and the complainant share the same home—whether you’re married, in a relationship, roommates, or family members living together. If the alleged incident occurred at your shared residence, prosecutors will typically request a “full” order of protection that bars you from returning home.

• You Have a Property Interest in the Home

Your right to a Crawford Hearing depends on demonstrating a legitimate property interest, such as:

• • You’re on the lease or rental agreement
  • You own the property or are on the mortgage
  • You regularly pay rent, even without a formal lease
  • You pay utilities or other household expenses
  • You receive mail at the address and have established residency
  • You’ve Been Issued a “Full” or “Stay Away” Order of Protection

Crawford Hearings apply specifically to “full” orders of protection (also called “stay away” orders) that prohibit all contact with the complainant. A “limited” order of protection, which allows you to remain in contact but prohibits specific behaviors like assault or harassment, typically wouldn’t trigger Crawford Hearing rights since it doesn’t remove you from your home.

What a Crawford Hearing Can Achieve

A successful Crawford Hearing can restore your fundamental rights and stability while your criminal case moves through the courts. Understanding what’s possible can help your attorney decide whether to request this hearing.

Modify a “Full” Order to a “Limited” Order of Protection

The most common outcome of a successful Crawford Hearing is converting a “full” stay-away order into a “limited” order of protection. Under a limited order, you can return home and maintain normal contact with the complainant, but you’re prohibited from engaging in specific criminal behaviors like assault, harassment, stalking, or threatening conduct. This allows you to resume your normal living situation while providing legal protection for the complainant.

Allow You to Return Home While Your Case is Pending

Criminal cases can take time to resolve. A Crawford Hearing can restore your access to your home immediately, rather than depriving you of access throughout the entire legal process. This is particularly important since many domestic violence cases are dismissed or resolved without conviction.

Restore Access to Your Children and Belongings

Being locked out of your home often means losing contact with your children and being unable to access essential items. A successful hearing can restore your ability to maintain your parental responsibilities and access the belongings you need to function day-to-day.

The Legal Process

Request the Hearing: Your attorney must request a Crawford Hearing at arraignment or immediately afterward. The request should clearly state that the Order of Protection prevents you from accessing your home and that you have a substantial property interest in the residence. The court must schedule a prompt hearing once you demonstrate that the order affects your housing.

Timing: Crawford Hearings typically occur within one week of arraignment, though some courts schedule them even sooner. The law requires “prompt” hearings, recognizing that being homeless even for a few days can cause considerable harm. However, this short timeframe means your attorney must act quickly to gather evidence and prepare your case.

Burden of Proof: The prosecution must demonstrate that a full stay-away order is necessary based on the factors outlined in the law. You don’t have to prove your innocence of the underlying charges—the focus is solely on whether removing you from your home is justified given the circumstances.

Evidence Presentation: The format varies by judge. Some courts require live testimony under oath, while others accept documents and attorney arguments. Your lawyer may present evidence of your property interest, the impact of displacement on your life and children, and factors that support a limited rather than full order of protection.

What the Court Considers (CPL 530.12)

New York law requires judges to evaluate specific factors when determining whether to issue or modify an Order of Protection:

Whether You Pose Actual Danger of Intimidation or Injury: The court examines the circumstances of the alleged incident and whether there is evidence that you pose an ongoing threat. This goes beyond the charges themselves to examine the actual risk of future harm.

Prior History of Abuse or Orders of Protection: Previous domestic violence incidents, violations of past orders of protection, or a pattern of abusive behavior weigh heavily against modifying the order. However, a clean record or isolated incident works in your favor.

Past or Present Injuries to the Complainant: The severity and nature of any injuries affect the court’s decision. Serious physical injuries or evidence of escalating violence make modification less likely, while minor or no injuries support a limited order.

Drug or Alcohol Abuse Issues: Substance abuse problems can indicate higher risk and reduced impulse control. However, participation in treatment programs or sobriety can demonstrate a commitment to addressing these issues.

Access to Weapons: The presence of firearms or other weapons in the home impacts the court analysis. Courts are cautious about allowing defendants with weapon access to return home.

Whether a Limited Order Would Achieve the Same Protective Purpose: This is often the key factor. If a limited order of protection can protect the complainant while allowing you to return home, the court should choose the least restrictive option that still provides necessary protection.

Type of Evidence Presented

Success at a Crawford Hearing often depends on evidence. Both sides will present different types of documentation and testimony to support their positions.

Your Property Interest: Establishing your legitimate right to the residence requires concrete documentation, such as lease agreements, tax return documents, or utility bills.

Prosecution Evidence: The prosecution will typically present evidence, such as DIRs, 911 call recordings, or a history of prior incidents, supporting the need for a full stay-away order.

Witness Testimony: Depending on the court, witnesses may testify in person or through written statements.

Possible Outcomes

Crawford Hearings can result in different outcomes:

Full Order of Protection (Stays in Effect): If the court determines that a full stay-away order is necessary for the complainant’s safety, the original order remains unchanged.

Limited Order of Protection (Modified): A successful Crawford Hearing often results in a modification to a limited order, which provides protection while allowing you to return home.

Order Subject to Incidental Contact: This is less common but applies in specific situations, such as when roommates or neighbors have altercations, but both have legitimate rights to occupy the same building or general area. It allows both parties to maintain their housing while minimizing contact, without engaging or approaching each other.

​​Why You Need an Experienced Attorney

Crawford Hearings are a critical opportunity to regain access to your home, but success requires immediate action, preparation, and skilled advocacy. The stakes are too high to go through this process without experienced legal representation. Here are some ways a New York domestic violence attorney can help:

• Immediate action
• Evidence gathering and documentation
• Obtaining witness statements
• Legal strategy and court advocacy
• Anticipating prosecution arguments
• Court experience and local knowledge

If you’re facing legal challenges related to a protection order following domestic violence allegations in New York City, don’t wait to seek professional legal assistance.

At The Law Offices of Mehdi Essmidi, we understand the stress and uncertainty you may be experiencing. Our team, led by a former New York City Prosecutor, is ready to put our skills to work for you. Contact us for a free consultation today.

Frequently Asked Questions

Do I automatically get a Crawford Hearing in a domestic violence case?

No, your lawyer must specifically request one. Your attorney needs to inform the court at arraignment that the order of protection prevents you from accessing your home and that you have a substantial property interest in the residence. The court won’t automatically schedule a Crawford Hearing—you have to ask for it and demonstrate that you qualify.

How long does a Crawford Hearing take?

Most Crawford Hearings are scheduled within a week of arraignment and typically last 30 minutes to 2 hours, depending on the complexity of evidence and whether witnesses testify. Some courts handle them informally with just attorney arguments, while others require full evidentiary presentations. The key is that they happen promptly, much faster than waiting for your criminal case to resolve.

What if I don’t have my name on the lease?

You can still qualify for a Crawford Hearing without being on the lease. Courts look at whether you have a substantial property interest, which can include paying rent regularly, contributing to household expenses, receiving mail at the address, or establishing residency over time. Utility bills in your name, bank records showing rent payments, or witness testimony about your living situation can establish your property interest.

Can my partner request that the order be limited?

Yes, the complainant can request that a full order be modified to a limited order, and their preference carries weight with the court. However, the judge makes the final decision based on safety factors and legal requirements. Some prosecutors may object even if the complainant agrees to modification, particularly in cases involving injuries or prior domestic violence history.

What happens if I lose the Crawford Hearing?

If the court denies your request for modification, the full Order of Protection remains in effect throughout your criminal case. However, you may be able to request another hearing later if circumstances change, such as completing an anger management program, entering substance abuse treatment, or if new evidence emerges that supports modification.

Are old dismissed cases considered?

Yes, courts can consider your entire history, including dismissed or sealed cases. Prior domestic violence incidents, even without convictions, may influence the judge’s decision about the current risk level. However, a history of dismissed cases with no pattern of escalating behavior can actually support your request for a limited order.

How much does this cost?

Crawford Hearings are part of your criminal defense representation. If you have a private attorney, the hearing is typically included in your legal fees. If you qualify for a public defender, there’s no additional cost. The potential savings—avoiding months of alternative housing costs—far outweigh the legal investment in most cases.

What if I’m already staying somewhere else?

You can still request a Crawford Hearing even if you’ve found temporary housing. The issue isn’t whether you have somewhere to sleep tonight, but whether you’re being unlawfully deprived of your property rights and home. Temporary arrangements don’t eliminate your right to challenge an unjustified order of protection, especially considering the long-term impact on housing stability and access to your belongings.