Where an order comes from
New York issues orders of protection through more than one court. Family Court hears family offense petitions between people in a family or intimate relationship, and the court decides whether a particular relationship qualifies. A criminal court can issue an order when a criminal case is filed, often at arraignment. In a divorce, the Supreme Court can issue one as well. A person can sometimes pursue a Family Court order and a criminal court order at the same time, and each has its own process. When the other person is not a family member or partner, protection may still be available through a criminal case, depending on what happened.
Preparing the request
Gather photographs of injuries or damage, medical records, police report numbers, and messages that show threats or harassment. The petition asks you to describe specific incidents, so it helps to go over dates and details with a lawyer or a domestic violence advocate before filing. Temporary orders are often available on the day a petition is filed, before the other person has appeared. If you are in immediate danger, call 911, and domestic violence hotlines can help with safety planning and shelter options. An advocate can also help you think through a safe way to keep copies of evidence, especially on a shared phone or computer.
After the order is issued
The order has to be served on the other person, and once they have notice of it, police can enforce it. Keep a copy with you, and report violations to the police rather than trying to handle them yourself. Temporary orders can address custody and visitation for a time, and orders can be modified or extended through the court. In a first meeting we discuss which court fits your situation, how service will happen, and how the order interacts with housing, children, and any criminal case.
