The New York name and the courts that issue it
New York courts generally use the term order of protection rather than restraining order. When the people involved are family members or in an intimate relationship, a request can often be made in Family Court through a civil case, and a separate order can come out of a criminal case if there has been an arrest. The two tracks can run at the same time, under different rules and with different consequences. A judge handling a divorce can issue one as well. Choosing where to start is a real decision, and it depends on the relationship, what has happened, and what you need the order to do.
What an order can require
Orders range from a direction to stop harassing or threatening someone to a full stay-away from a person, a home, a workplace, or a school. Some also deal with who stays in a shared residence, temporary arrangements for children, and firearms, and federal law can add firearm restrictions of its own on top of a state order. If you are asking for an order, bring what shows the history: messages, photos of injuries or damage, police report numbers, and the names of people who saw what happened. Hold on to threatening messages rather than deleting them, painful as they are. If you are the person named in an order, follow every term as written, even if you believe it should never have been issued, and raise your objections in court.
After the first court date
A temporary order is often issued at the start, before the other side has been heard, and it typically stays in place until the court revisits it. The case then moves toward either an agreed resolution or a hearing where both sides can present evidence. For someone seeking protection, the first conversation with us covers safety, which court fits, and how to lay out the history clearly. For someone served with an order, it covers exactly what is prohibited and whether a criminal case is also pending. Changing an order goes through the judge who issued it, not through an understanding between the two people involved.
