Filing a Restraining Order in NYC

Get an Order of Protection in NYC with the Help of Our Skilled Lawyers

If you want protection without going through criminal courts, an order of protection through the Family Court may be an option. But not everyone is eligible. To qualify, you must have an intimate or family relationship with the person you want protection from. Without that relationship, most cases where an offense occurred go through criminal court.

Every case is different, and we can help you understand all options on the table. As a former NYC Prosecutor, Attorney Mehdi Essmidi knows the NYC legal system inside and out and understands the urgency of your situation. We walk you through every step of getting an order of protection. Contact us today for a free consultation.

Note: This page provides information on filing an order of protection in NYC. If you have been served with an order of protection, go to our NYC Order of Protection Defense Attorney page.

Types of Orders of Protection in NYC

There are different types of orders of protection in New York City:

Family Court Order of Protection

For those seeking protection from family members or partners, filing an order of protection through Family Court can be faster than criminal court. But it’s not without its complications.

A family court order of protection can be issued under family offenses. The process involves specific steps for obtaining and serving these orders, including filing a petition, attending hearings, and adhering to the court’s directives.

Criminal Court Order of Protection

The district attorney’s office (DA) requests Orders of Protection in pending criminal cases. They seek these orders from the court on behalf of the victims involved in criminal proceedings.

• Issued when an arrest is made or criminal charges filed
• Part of criminal proceedings
• Requested by the district attorney’s office
• May include stay-away provisions

Why You Need a Lawyer

Filling out a restraining order in NYC is a challenging task. There are many forms involved in getting a restraining order in New York Family Court. Given the nuances of the family court system and the potential for filing errors, legal representation is crucial in these cases.

While the family court process tends to move faster than criminal courts, errors in filing can result in delays or dismissal of your petition. Don’t let paperwork mistakes or procedural errors put your safety and well-being at risk. Call us today for a free consultation.

As a former NYC Prosecutor, Attorney Mehdi Essmidi knows both the family court and criminal justice systems. We can:

• File your petition correctly
• Help you get and present evidence
• Walk you through the process from start to finish
• Advocate for your rights and safety

Filing an Order of Protection in Family Court

A Family Court Order of Protection can last up to two years, with possibilities for extensions based on the circumstances. Here is what you can expect from the process:

1. File a petition
2. A judge may issue a temporary order of protection
3. The respondent is served with the court papers
4. A date is set for both parties to appear in court
5. If contested, a fact-finding hearing is scheduled
6. The judge decides, based on the evidence, whether to grant a final order of protection.

If the respondent fails to appear after being properly served, the court may proceed in their absence.

Temporary Vs. Final Orders of Protection

Temporary Orders of Protection

• Issued quickly, often without a full hearing
• Short-term, usually until the next court date
• Can be issued “ex parte” (without the respondent present)
• Provides immediate protection in emergencies

Under New York Family Court Act § 828, a judge can issue a temporary order if they believe the protected party is in imminent danger.

Final Orders of Protection

• Issued after a full hearing where both parties can present evidence
• Longer term, usually 1–5 years (or longer)
• Requires proof of allegations
• It provides more comprehensive and longer-lasting protection

Final orders are issued under the New York Family Court Act § 842.

Call Us for a Free Consultation

Don’t go through the process of filing an order of protection alone. As a former NYC prosecutor, Attorney Mehdi Essmidi has the experience to assess your case and help you file for protection as quickly as possible. Contact our office for a consultation. 

Frequently Asked Questions

What is a restraining order?

A restraining order, also known as a restraining notice or an order of protection in NYC, is a court order that prohibits an individual from contacting, approaching, or harming the protected person. It’s designed to protect victims of domestic violence, harassment, or other family offenses.

What’s the difference between a temporary and final order of protection?

• Temporary Order: Issued immediately after filing and lasts until the next court date
• Final Order: Issued after a hearing and can last up to 2 years or longer in the most serious cases

Which court do I go to for a restraining notice?

• Family Court: For family members or intimate partners
• Criminal Court: If there’s been an arrest or criminal charges

What happens after I file for a restraining notice?

1. You’ll get a court date
2. The other party (respondent) will be served with the order
3. Both parties attend the hearing
4. The judge decides whether to issue a final order of protection

Can I get a restraining order against someone I’m not related to?

Yes, if you have an “intimate relationship” with the person. This can include:

• Current or ex-spouses
• Parents of a shared child
• Current or former dating partners
• Same-sex couples
• Others

An intimate relationship does not always have to include a sexual relationship, highlighting the nuances of various personal connections.

What if the restraining order is violated?

If the individual violates the order:

1. Report the violation to the police. Call 911 if you are in danger. 
2. Contact the court that issued the order
3. Inform the district attorney’s office

Can a restraining order protect my children?

Yes, you can request protection for your children in the order. The judge may also address child custody issues.

What documents do I need to file a restraining notice?

• Your ID
• Evidence of abuse or harassment (photos, texts, emails)
• Police reports (if any)
• Names and contact info of witnesses
• Respondent’s personal info