If you’re dealing with family or personal safety issues in New York, understanding the types of restraining orders can help you stay protected. Restraining orders, also called orders of protection, are legal tools to help keep you or your loved ones safe from harm. Whether it’s a tough divorce, domestic violence situation, or custody dispute, knowing your options under New York law can make things a lot easier to navigate. In this blog, we’ll break down the different types of restraining orders and explain how they work.

What’s a Restraining Order?

A restraining order is a legal document issued by a court to stop someone from causing harm or threatening another person. These orders are commonly used in cases involving harassment, stalking, domestic violence, or other unsafe behaviors. If someone violates the order, they can face serious consequences like fines, jail time, or both.

Different Types of Restraining Orders in New York

In New York, restraining orders (also known as orders of protection) are designed to address specific situations and provide safety for those who feel threatened or are experiencing harm. Depending on the circumstances, different types of restraining orders can help protect you and your family. Here’s an in-depth look at each type, who can request them, and what they can do to keep you safe.

1. Family Court Orders of Protection

Family Court orders of protection are the most common type of restraining orders issued for personal or family-related situations. They focus on maintaining peace and safety within close relationships, especially where domestic violence or ongoing disputes are involved.

Who Can Request It?

You may request this type of order if you:

Are married or were previously married to the other person
Have a child with the other person
Are related to the other person by blood or marriage (e.g., parent, sibling, in-law)
Are in, or were in, an intimate relationship with the other person (e.g., dating or cohabiting)

What Does It Do?

A Family Court order of protection may include one or more of the following:

Prohibiting harassment, threats, or physical harm: The person cannot harm or threaten you in any way.
No-contact provision: They may not call, text, email, or communicate with you in any form.
Stay-away order: They must stay a certain distance away from your home, workplace, or school.
Temporary child custody or visitation restrictions: The court may temporarily adjust custody or visitation rights to protect the child’s safety.

FAQs About Family Court Orders

Can I get one quickly if I feel unsafe?
Yes, the court can issue a temporary order immediately (ex parte) if you’re in urgent danger.
Do I need a lawyer to file?
While not required, having an attorney can help guide you through the process.

2. Criminal Court Orders of Protection

Criminal Court orders are issued as part of a criminal case when someone is charged with a crime, such as harassment, assault, or stalking.

Who Can Request It?

A prosecutor files the request on behalf of the victim. You do not need to appear in court yourself to request this type of order.

What Does It Do?

A Criminal Court order is aimed at protecting the victim and may require the accused to:

Avoid all contact with the victim (including direct or indirect communication).
Stay a certain distance away from the victim’s home, workplace, or school.
Surrender firearms or weapons to law enforcement.
Comply with any other conditions the court deems necessary for safety.

FAQs About Criminal Court Orders

Do I have to press charges to get this order?
Yes, this order is tied to a criminal case, so it requires the accused to be charged with a crime.
What happens if the accused violates the order?
Violating a Criminal Court order can lead to additional criminal charges, fines, or jail time.

3. Supreme Court Orders of Protection

Supreme Court orders are specifically tied to divorce or separation proceedings. These are often part of broader legal actions related to marital disputes.

Who Can Request It?

Spouses involved in divorce or legal separation cases.

What Does It Do?

A Supreme Court order may include:

Provisions to ensure the safety of one or both spouses.
Temporary rules regarding child custody, visitation, or spousal support.
Restrictions to prevent harassment, threats, or physical harm during the legal process.

FAQs About Supreme Court Orders

Can this be combined with other restraining orders?
Yes, a Supreme Court order can work alongside Family Court orders or temporary orders for added protection.
Does it affect divorce proceedings?
Yes, these orders are often part of divorce cases and can influence child custody and property division.

4. Temporary Orders of Protection

Temporary orders provide immediate protection while the court reviews the case. These orders can be issued ex parte, meaning without the other person present, if there’s an urgent threat.

Who Can Request It?

Anyone who feels they’re in immediate danger and needs quick intervention.

What Does It Do?

Temporary orders can include:

Prohibiting contact between you and the other person.
Requiring the person to move out of a shared home.
Restricting firearm ownership or possession.
Addressing short-term custody or visitation issues.

FAQs About Temporary Orders

How long does it last?
Temporary orders usually last until the next court date, when the judge reviews the case.
Can it become permanent?
Yes, if the court decides ongoing protection is necessary, the temporary order can be replaced by a permanent one.

5. Permanent Orders of Protection

Permanent orders are issued after a court hearing and are designed to provide long-term protection. These orders are typically issued when the judge determines ongoing safety concerns exist.

Who Can Request It?

Victims who have already filed a petition and attended a court hearing.

What Does It Do?

Permanent orders can include:

All the protections of a temporary order (e.g., no contact, stay-away provisions).
Extended enforcement periods, sometimes lasting years or indefinitely.

FAQs About Permanent Orders

How long can it last?
The duration varies depending on the case, but some permanent orders can last indefinitely.
Can it be modified or ended?
Yes, either party can request a modification or termination, but the court must approve any changes.

Which Restraining Order Is Right for Your Situation?

Choosing the right type of restraining order depends on the circumstances you’re facing. Here’s a quick guide to help:

Family disputes? Consider a Family Court order.
Facing immediate danger? Request a Temporary order.
Dealing with criminal behavior? A Criminal Court order might apply.
In the middle of a divorce? Look into a Supreme Court order.
Need long-term protection? Work toward a Permanent order.

No matter what you’re going through, Krasner Law is here to help. We work in family law and can guide you through the process of securing the protection you need. Contact us today to discuss your options and take the first step toward safety and peace of mind.

Who Can Request It?

Someone who already has a temporary order and needs ongoing protection

What Does It Do?
These orders often include the same rules as temporary ones but stay in effect for a longer time.

How Do You Get a Restraining Order in New York?

If you’re feeling unsafe or threatened, getting a restraining order can help protect you. The process might feel intimidating, but knowing the steps can make things much more manageable. Here’s everything you need to know about how to get a restraining order in New York.

1. File a Petition

The first step is to file a petition. This is a formal request asking the court to issue a restraining order.

How to File a Petition:

Choose the right court: The type of restraining order you need determines which court to file in:

Family Court: For issues involving family members, ex-partners, or people you’re in an intimate relationship with.
Criminal Court: For cases tied to a criminal charge, like assault or harassment.
Supreme Court: For cases tied to divorce or separation proceedings.

Complete the paperwork: Provide detailed information about your situation, including:

The type of relationship you have with the person.
Specific incidents of harm, threats, or harassment.
Any evidence you have, such as text messages, emails, or police reports.

File the petition: Submit the completed paperwork to the appropriate court clerk.

FAQs About Filing a Petition:

Do I need a lawyer to file?
You don’t have to, but having an attorney can make the process easier and help you include all necessary details.
What if I need help filling out the paperwork?
Court staff can often provide basic guidance, or you can reach out to local organizations that assist victims of domestic violence.

2. Attend a Hearing

Once your petition is filed, the court will schedule a hearing. This is your chance to present your case and explain why you need the restraining order.

What Happens at the Hearing:

Temporary Orders: If you’re in immediate danger, the court may issue a temporary restraining order (TRO) on the same day you file your petition. This will protect you until the full hearing takes place.
Presenting Your Case: At the hearing, both you and the other person (called the respondent) can present evidence and witnesses to support your case.
Judge’s Questions: The judge may ask questions to better understand the situation, so be prepared to explain specific incidents and how they’ve affected you.

FAQs About Hearings:

What if I’m afraid to face the respondent?
You can request accommodations, like participating via video or having a support person with you in court.

What evidence should I bring?
Bring any documents, photos, or messages that support your claims, along with a timeline of incidents if possible.

3. Court Decision

After the hearing, the judge will decide whether to grant the restraining order.

Types of Outcomes:

Permanent Restraining Order: If the judge agrees that you need ongoing protection, they’ll issue a permanent order. The length of time it lasts will depend on the case.
Denied Petition: If the judge doesn’t believe there’s enough evidence, they may deny the restraining order. You can consult your attorney to explore other options if this happens.

FAQs About the Court Decision:

How long does it take to get a decision?
You may receive a decision on the same day as the hearing or shortly after.
What if the respondent violates the order?
Violations should be reported to the police immediately. The respondent could face criminal charges for breaking the order.

Why Knowing the Types of Restraining Orders Matters

Not all restraining orders are the same, and knowing which one to request can make a big difference. Each type is tailored to specific situations, so understanding your options ensures you get the protection you need.

Reasons to Understand the Types of Restraining Orders:

Protect Yourself Effectively: Knowing what kind of order fits your situation helps you get the right safeguards in place.
Navigate the Process Confidently: Filing for the wrong type of order can cause delays, so understanding the options can save time and stress.
Plan for Long-Term Safety: Some orders provide short-term relief, while others offer long-term solutions. Knowing the difference can help you plan ahead.

FAQs About Restraining Orders in General:

Can I get a restraining order if I’ve already left the relationship?
Yes, you can still request protection if the other person continues to harass or threaten you.
Do restraining orders cost money?
Filing for a restraining order in Family Court is free, but there may be costs if you work with an attorney.
Can the order protect my children too?
Yes, restraining orders can include provisions to protect your children from harm or contact.

If you feel unsafe or threatened, don’t wait to take action. A restraining order can give you peace of mind and the legal protection you deserve. The team at Krasner Law is here to guide you through every step of the process, from filing the petition to representing you in court.

Final Thoughts: Let Krasner Law Help You

Dealing with restraining orders or family legal issues can feel overwhelming, but you don’t have to do it alone. Krasner Law is here to guide you through every step of the process. We understand family law and are dedicated to helping you protect yourself and your loved ones.

If you’re ready to take the next step, check out our Family Law Services page or contact us for a consultation. Let us help you find the peace of mind you deserve.