NY Family Court / Orders of Protection
Complete Court Guide
Everything you need to know about filing for an Order of Protection in New York Family Court: the step-by-step process, every form you need (with links), what to say to the judge, how to structure your argument, time estimates, and more. This is informational only and is not legal advice.
Quick Start: 4 Things to Know
- 1You file a Family Offense Petition↗ at Family Court. No fee, no lawyer needed.
- 2A judge can issue a Temporary Order of Protection the same day you file.
- 3The order must be served on the other person before it is enforceable. You cannot serve it yourself.
- 4At the , the case is either resolved by or set for a .
What You're Doing (Big Picture)
A Family Court Order of Protection is part of a civil (non-criminal) case called a . You start it by filing a Family Offense Petition↗.
Family Court and Criminal Court often have concurrent jurisdiction over family offenses, meaning you may be able to proceed in Family Court, Criminal Court, or both.
Two Core Stages
- 1. Temporary Order of Protection (TOP) — Fast, usually same day you file. Meant to protect you until the next court date.
- 2. Final Order of Protection — After the case is resolved, either by or after the judge finds a family offense occurred at a .
Who Can File in Family Court
You can file if you and the other person are:
- 1. Related by blood or marriage
- 2. Married or formerly married
- 3. Have a child in common
- 4. Are or were in an intimate relationship (not casual acquaintances)
Who Can Be Protected by the Order?
People frequently ask whether the order can cover more than just themselves. The short answer: yes. Family Court can include protections for additional people and locations.
People
- ✓ You (the petitioner)
- ✓ Your children (the order can include them)
- ✓ Other family/household members named in the petition
Locations
- ✓ Your home / residence
- ✓ Your workplace
- ✓ Your child's school / daycare
- ✓ Any other location specified by the court
What Conduct Qualifies (Family Offenses)
Your petition↗ must allege that a legally recognized family offense occurred. Qualifying offenses include:
What the Judge Can Order (Relief Options)
You can ask for any combination of:
Stay-away
Respondent must stay away from you, your home, work, school, and children's school.
No contact / refrain from acts
No calls, texts, emails, social media contact, threats, harassment, or intimidation.
Exclude respondent from home
Even if the lease or title isn't in your name, the court can order the respondent to leave.
Police escort for belongings
Court can order a police escort so you can safely retrieve your belongings.
Temporary child support
Family Court can include temporary child support as part of an OP case.
Custody/visitation provisions
Temporary custody or supervised visitation can be included in the order.
Firearms restrictions
Court can order surrender of firearms and revocation of firearms licenses.
Restitution (case-dependent)
A final OP can include restitution for property damage caused by the respondent. Availability depends on the circumstances.
Medical expenses (case-dependent)
In some cases, the court can order the respondent to pay for medical expenses resulting from the abuse.
Counseling / program participation (case-dependent)
The court may order the respondent to attend a batterer's intervention program or other counseling. This is sometimes available as part of a disposition.
Step-by-Step: How It Actually Works
The typical flow in NYC Family Court (broadly similar statewide). Each step includes time estimates and practical tips.
Go to the Petition Room / Help Center
Visit your local Family Court's Help Center ("Petition Room") during business hours. Tell the clerk you want to file a Family Offense Petition for an Order of Protection. You'll be given forms and a clerk will help draft the petition from your information. Where available, you can also use EDDS for remote submission.
Details
- • No filing fees in Family Court for this.
- • Bring photo ID and any evidence you have (texts, photos, medical records, police reports).
- • If your address needs to be confidential, tell the clerk immediately and ask for form GF-21↗.
Tips
- ★ Arrive early — courts can be busy.
- ★ Write your incident details before you arrive so you don't forget key facts under stress.
Complete the Paperwork
This is where cases are won or lost. Put as many details as possible: when, where, what happened, injuries, weapons. Include the most recent incident, the first incident, and the worst incident.
Details
- • If there were verbal threats, include the EXACT WORDS used.
- • Tell the clerk about any criminal case and any prior orders of protection.
- • Read the petition before you sign it and fix any omissions.
- • Use this structure for each incident: (1) Date/time/place, (2) Who was present, (3) What respondent did/said, (4) Your reaction and why you feared harm, (5) Injuries/property damage, (6) Why it matters now, (7) What you want the court to order.
Tips
- ★ Be specific and factual. Avoid vague language like 'he was mean' — say exactly what he did.
- ★ Include injuries even if you didn't go to the hospital.
- ★ If children witnessed anything, describe what they saw/heard.
Request Address Confidentiality (if needed)
If listing your address is unsafe, do NOT write it on the petition. Ask the clerk for the Address Confidentiality Affidavit (form GF-21↗) and file it with your petition.
Details
- • The court can keep your address sealed from the respondent.
- • You can use a safe alternative address for service purposes.
Tips
- ★ Decide this BEFORE filling out the petition so you don't accidentally write your address.
See the Judge for a Temporary Order of Protection
After the clerk drafts the petition, you wait to see a judge. The judge reviews it and decides if there is 'good cause' to issue a temporary order. The judge will also set up the summons and your return date.
Details
- • The judge applies Family Court Act §828 — 'good cause shown' standard.
- • Factors the judge considers: prior incidents, injury, threats, drug/alcohol abuse, access to weapons, prior OP violations.
- • The judge may ask questions based on your petition — answer directly.
- • If you want exclusion from the home or temporary support, SAY SO explicitly.
Tips
- ★ Hit 3 things in order: (1) Most recent incident (60-90 seconds), (2) Why the risk is ongoing, (3) Exact relief you want today.
- ★ Be prepared to explain: stay-away, no-contact, exclusion, firearms restriction, temporary child support if needed.
Pick Up Your Papers
If the temporary order is granted, you'll receive your copy of the temporary order and a summons + petition copy for service on the respondent.
Details
- • Keep your copy of the temporary order with you at all times.
- • The summons tells the respondent when to appear in court.
- • The order is NOT in effect until it has been served on the respondent.
Tips
- ★ Make copies of everything for your records.
- ★ Take a photo of the order on your phone as backup.
Serve the Respondent
The respondent must receive the papers (personal service) for the case to proceed. You CANNOT serve them yourself. The server can be: sheriff, police, a friend/relative over 18, or a professional process server.
Details
- • Service must be personal (handed directly to the respondent).
- • If a friend/relative serves: you need an affidavit of service at the next court date.
- • If police serve: they give a Statement of Personal Service (no notarization needed).
- • If sheriff serves: the court may receive proof directly.
- • The order is not enforceable until served.
Tips
- ★ Don't wait until the last minute to arrange service.
- ★ Personal service is the default and you should assume you need it. If you genuinely cannot locate the respondent after diligent efforts, you can ask the court what options exist — but alternatives are not guaranteed and depend on the judge and court rules.
- ★ If the respondent is served in court (or appears voluntarily), the service issue resolves immediately.
- ★ A Temporary Order of Protection is NOT in effect until it has been served on the respondent (NYS CourtHelp).
Return Date — Court Appearance
On the return date, two things can happen: If the respondent doesn't show (and was properly served), the judge may hold an inquest and issue a final order. If the respondent shows, you'll typically speak with a court attorney first.
Details
- • If respondent doesn't appear: you explain what happened clearly and organized. The judge can issue a final order the same day.
- • If respondent appears: the options are (a) consent order (often 'without admission' — still enforceable), or (b) the case goes to trial (fact-finding hearing).
- • Be specific — don't forget injuries, weapons, and dates.
Tips
- ★ Bring all your evidence organized and ready to present.
- ★ If offered a consent order, it IS still enforceable and protective. Discuss terms carefully.
Trial (Fact-Finding Hearing)
If the case isn't resolved by consent, a fact-finding hearing is scheduled. You must prove your case by 'fair preponderance of the evidence' (more likely than not). Both sides can present evidence and testimony.
Details
- • Structure your presentation: (1) Jurisdiction, (2) Timeline of incidents, (3) Elements through facts, (4) Credibility anchors, (5) Relief requested.
- • Evidence to bring: photos, medical records, police reports, threatening texts/emails, witness testimony.
- • Live testimony from witnesses is stronger than written statements.
- • The judge decides whether a family offense occurred and what order to issue.
Tips
- ★ Practice telling your story clearly: first incident, worst incident, most recent incident.
- ★ If you can't afford a lawyer, ask the judge for a court-appointed attorney (18-B).
- ★ Both petitioners and respondents may get court-appointed attorneys if indigent.
Ready to get started?
Our guided intake collects the information you need, generates your court scripts, and builds a personalized roadmap.
Start My IntakeWhat to Say to the Judge
When you see the judge for a temporary order, hit these 3 points in order:
1. Most Recent Incident (60-90 seconds)
Date, time, location, what happened, any threats (exact words), any injuries, any weapons.
2. Why the Risk Is Ongoing
Continued contact, stalking, escalation, access to weapons, prior order violations.
3. Exact Relief You Want Today
- • “Stay-away from me, my home, my work, and my child's school.”
- • “No contact by phone/text/social media.”
- • “Exclude respondent from the home.”
- • “Firearms restriction.”
- • “Temporary child support.”
Example Opening Statement
“Judge, I'm requesting a temporary order of protection because I'm afraid of immediate harm based on what I alleged in my petition. The most recent incident was on [date] when [what happened]. I'm concerned the behavior will continue because [reason]. I'm requesting [specific relief].”
How to Structure Your Case at Trial
At the , the standard is “fair preponderance of the evidence” (more likely than not). Structure your presentation like this:
- 1
Jurisdiction Hook
"We meet the relationship requirement and the petition alleges family offenses."
- 2
Timeline
First incident → worst incident → most recent incident. Chronological, date-specific.
- 3
Elements Through Facts
Threats, unwanted contact, physical acts, stalking pattern — each tied to dates and places.
- 4
Credibility Anchors
Contemporaneous texts, photos, medical records, police involvement — evidence that corroborates your account.
- 5
Relief Requested
Why specific terms are needed for your safety going forward.
Other Possible Case Outcomes
Not every case ends with a or a trial-issued final order. Under FCA §841↗, Family Court can enter several types of “orders of disposition”:
Consent Order of Protection
Most common outcome. The respondent agrees to the order, often 'without admission' — but the order is still fully enforceable.
Final Order after Fact-Finding
The judge finds a family offense occurred by a 'fair preponderance of the evidence' and issues a final order.
Dismissal
If the petitioner does not prove a family offense, the case is dismissed. This does not prevent filing again if new incidents occur.
Suspended Judgment
The court may issue a suspended judgment for a set period — essentially a conditional outcome where no order is entered unless the respondent violates conditions.
Adjournment in Contemplation of Dismissal (ACD)
The case is adjourned for a period (e.g., 6 months). If no new incidents occur, the case is dismissed. If they do, the case can be restored.
Important Rules to Know
These are commonly misunderstood rules that can affect your case. Knowing them in advance helps you avoid surprises.
1. Consequences of Violating an Order of Protection
If the respondent violates a temporary or final order of protection, the consequences can include:
- • Arrest
- • Up to one year in jail
- • Felony charges carrying up to seven years in prison and three years of probation
- • Revocation of a conditional discharge
- • Revocation of an Adjournment in Contemplation of Dismissal (ACD)
- • Revocation of probation
- • Revocation of bail
A violation can also result in a new criminal case against the respondent. You should document every violation thoroughly and file a Violation Petition (form GF-8↗) in Family Court in addition to calling 911 if you are in danger.
2. Respondent Still Owes Rent if Excluded from the Home
If the court orders the respondent to leave the home, the respondent is still legally required to pay rent if their name is on the lease. This is true even if the order of protection prohibits them from living there, and even if they are incarcerated. As the petitioner, you should know that exclusion from the home does not eliminate the respondent's financial obligation for the lease.
3. No One Else Can Retrieve Belongings on the Respondent's Behalf
If a stay-away or exclusion order is in effect, the respondent cannot send another person to the home to pick up belongings. This is a violation of the order of protection, even if you are not home or would not object. The only way the respondent can retrieve belongings is with explicit permission from the judge, usually with a police escort on a specific date and time set by the court.
4. The Order Stands Even if You Resume Contact
An order of protection remains in full effect even if you and the respondent reconcile, resume communication, or begin living together again. As long as the order is active, you can still call the police to enforce it at any time.
Critical
If the respondent contacts you in violation of the order, or if you initiate contact and the respondent responds, the respondent can still be arrested. The order does not go away because both parties are in contact.
If you want the order removed, you must ask the judge — it does not expire or become void based on your behavior.
5. Cross-Petitions: The Respondent Can File Against You
The respondent has the right to file a cross-petition for their own order of protection against you. To do so, they must give the court a valid reason — simply having an order filed against them is not enough.
6. How to Remove or End an Order of Protection Early
If you (the petitioner) want to remove or end the order of protection before it expires, you can ask the Family Court judge to do so. The judge will usually decide the same day. However, the judge is not required to remove it — if the judge believes the order is still needed, it stays in effect.
7. Statewide Registry of Orders of Protection
All temporary and final orders of protection in New York State are entered into a computerized Registry of Orders of Protection and Warrants. This means police can look up your order electronically during any encounter. The registry includes:
- • Who is covered
- • The dates the order is in effect
- • Whether the respondent was served
- • What rules the judge ordered
8. Out-of-State Enforcement
Orders of protection issued in New York are enforceable in every other state under federal law (the Violence Against Women Act). If you move to or travel to another state, your New York order of protection is still valid and enforceable there.
Similarly, if you have an order of protection from another state, you can register it in New York for free by filing form GF-5e↗ with the Court Clerk, and it will be entered into the statewide registry.
9. Integrated Domestic Violence (IDV) Court
If you have both a Family Court case and a Criminal Court case involving the same respondent, both cases may be transferred to the Integrated Domestic Violence (IDV) Court. In IDV Court, one judge hears both cases, which reduces the number of court appearances you need to make and helps ensure consistent rulings.
Service Requirements
Service of Process Warning
The order is NOT enforceable until it has been served on the respondent. You CANNOT serve it yourself. Plan service immediately after filing.
Service must be personal (handed directly to the respondent). The server can be:
- • Sheriff or police
- • A friend or relative over age 18 (you'll need an affidavit of service)
- • A professional process server
Proof of service: If a friend/relative serves, you need an affidavit of service at the next court date. If police serve, they provide a Statement of Personal Service. If the sheriff serves, the court typically receives proof directly.
Proof of Service Resources
You can find service-related affidavits and forms at your local court's filing office or online:
Optional: Order of Protection Notification System
New York offers an Order of Protection Notification System so you can receive updates about service and enforcement status:
How Long Orders Last
Standard
Up to 2 years
With Aggravating Circumstances
Up to 5 years (if aggravating circumstances found or a violation of a valid OP)
Aggravating Circumstances Include
- • Physical injury to the petitioner
- • Use of a weapon
- • Repeated violations of prior orders
- • Past criminal convictions for domestic violence offenses
- • Conduct creating a substantial risk of physical injury
Extensions can be granted by motion (form GF-10↗) for good cause.
If the Order Is Violated
If the respondent violates the order:
- 1. Call 911 immediately if you are in danger.
- 2. Document the violation (screenshots, photos, witness names, dates/times).
- 3. File a Violation Petition (form GF-8) in Family Court.Download GF-8 ↗
- 4. Report to police — they can arrest for a violation of an Order of Protection.
If You Can't Afford a Lawyer
Both petitioners and respondents in Family Offense cases may get court-appointed (“18-B”) attorneys if they are indigent (cannot afford a lawyer). However, you must ask the judge — it is not automatic. Tell the judge at your first appearance that you cannot afford an attorney and request one.
Realistic Time Estimates
Times vary by county but this is the typical shape.
Filing + Temporary Order
Same day (but you may wait hours in court)
Return Date
Days to a few weeks after filing
If Consent Order
Final order can happen on the return date
If Trial
Often multiple dates; weeks to months
Final Order Duration
Typically 2 years; up to 5 years possible
All Court Forms & Documents
Click any form to open it. Required forms are marked. All links go to official NY Courts sources.
Required to Start Your Case
Additional / As Needed
These forms may be needed depending on your situation.
Address Confidentiality Affidavit
Use this if your address needs to be kept confidential for safety. Do NOT write your address on the petition if using this form.
Temporary Order of Protection
The judge signs this if a temporary order is granted (usually same day as filing).
Order of Protection (Final)
The judge signs this at the end of the case if a final order is granted.
Affidavit in Support of Temporary OP
Sometimes used to support a temporary order request. Some courts rely mainly on the petition + judge questions.
Summons
The 'come to court' paper that must be served on the respondent.
Petition — Violation of Order of Protection
File this if the respondent violates the order. Violations are a crime.
Motion (Extension/Modification)
Use this to extend or modify an existing order of protection.
Affirmation in Support of Motion
Supporting affirmation for your extension/modification motion.
Affidavit in Support of Modification of OP
Use this to support a request to modify an existing temporary or final order of protection.
Affidavit to Register Out-of-State OP
File this to enter an order of protection from another state onto the New York statewide registry.
NYC Family Court DV FAQ
Official NYC Family Court walkthrough: what to include, how to serve, return dates, violations, and more.
NYS CourtHelp — Family Court Filing Walkthrough
Statewide step-by-step guide for filing a Family Offense Petition. Covers TOP service rules, what to bring, and key procedural reminders.
NYS OPDV Orders of Protection Overview
Explains types of OPs, service, enforceability, after-hours info, and more.
NYC311 Order of Protection Info Hub
NYC311 reference page with pointers and current resources.
NYS DV Forms Index (All Family Court DV Forms)
Complete official index of all domestic violence forms available for Family Court proceedings.
NYC Family Court — Forms & Resources
Centralized forms and resources page for NYC Family Court, including service-related affidavits and proof of service documents.
Family Court EDDS Public User Guide
How to use the electronic document delivery system for remote filing.
EDDS Landing Page
Entry point for electronic document submission to Family Court.
Order of Protection Notification System (NY-Alert OOP)
Sign up to receive notifications about the status of your order of protection service and enforcement.
Sheriffs' Institute — OP Notification Explainer
Explains how the Order of Protection notification system works and how sheriffs assist with service.
View forms grouped by category
Filing Packet (To Start Your Case)
Family Court Intake / Identification Sheet
Required identification sheet filed with most Family Court petitions.
Family Offense Petition
The core filing — your petition alleging a family offense and requesting an order of protection.
Address Confidentiality Affidavit
Use this if your address needs to be kept confidential for safety. Do NOT write your address on the petition if using this form.
Court-Issued Documents
Temporary Order of Protection
The judge signs this if a temporary order is granted (usually same day as filing).
Order of Protection (Final)
The judge signs this at the end of the case if a final order is granted.
Affidavit in Support of Temporary OP
Sometimes used to support a temporary order request. Some courts rely mainly on the petition + judge questions.
Summons
The 'come to court' paper that must be served on the respondent.
If the Order Is Violated
Extension / Modification
Motion (Extension/Modification)
Use this to extend or modify an existing order of protection.
Affirmation in Support of Motion
Supporting affirmation for your extension/modification motion.
Affidavit in Support of Modification of OP
Use this to support a request to modify an existing temporary or final order of protection.
Affidavit to Register Out-of-State OP
File this to enter an order of protection from another state onto the New York statewide registry.
Official Guides & Resources
NYC Family Court DV FAQ
Official NYC Family Court walkthrough: what to include, how to serve, return dates, violations, and more.
NYS CourtHelp — Family Court Filing Walkthrough
Statewide step-by-step guide for filing a Family Offense Petition. Covers TOP service rules, what to bring, and key procedural reminders.
NYS OPDV Orders of Protection Overview
Explains types of OPs, service, enforceability, after-hours info, and more.
NYC311 Order of Protection Info Hub
NYC311 reference page with pointers and current resources.
NYS DV Forms Index (All Family Court DV Forms)
Complete official index of all domestic violence forms available for Family Court proceedings.
NYC Family Court — Forms & Resources
Centralized forms and resources page for NYC Family Court, including service-related affidavits and proof of service documents.
Remote Filing (EDDS)
Service Notification
Order of Protection Notification System (NY-Alert OOP)
Sign up to receive notifications about the status of your order of protection service and enforcement.
Sheriffs' Institute — OP Notification Explainer
Explains how the Order of Protection notification system works and how sheriffs assist with service.
What to Include (Checklist)
Must-Haves
- ✓ The relationship basis (why Family Court has jurisdiction)
- ✓ At least one qualifying family offense, with facts
- ✓ Completed Family Offense Petition (8-2)↗ with dates and locations of incidents
- ✓ Details of injuries and weapons (if any)
- ✓ Specific terms of relief requested (stay-away, no-contact, etc.)
- ✓ Address Confidentiality (GF-21)↗ if your address needs to be hidden
- ✓ Service plan + proof of service for the return date
Common “Judge Persuasion” Points
- ★ Recent escalation / most recent incident
- ★ Ongoing risk (continued contact, stalking, threats)
- ★ Weapons access
- ★ Prior order violations
- ★ Impact on children
How to Write Your Incident Narrative
Use this structure for each incident you include in your petition (8-2)↗:
- 1
Date / Time / Place
Be as specific as possible
- 2
Who Was Present
You, children, witnesses
- 3
What the Respondent Did/Said
Actions + exact quotes of threats
- 4
Your Reaction
Why you feared harm
- 5
Injury / Property Damage
Photos, medical records if any
- 6
Why It Matters Now
Recent escalation, continued contact, threats, stalking
- 7
What You Want the Court to Order
Specific terms
Key Legal Terms
Tap any underlined term throughout this guide to see its definition. Here they all are in one place:
Family Offense proceeding
A civil (non-criminal) case in Family Court where you ask for an Order of Protection based on specific offenses committed by a family or household member.
Return date
The court date when both sides come back after the initial filing. The respondent is notified and has a chance to appear.
Inquest
A hearing where only you (the petitioner) present evidence because the respondent did not show up. The judge decides based on what you provide.
Fact-finding hearing
The trial portion of the case where the judge hears testimony and reviews evidence to decide whether a family offense occurred.
Consent order
An agreement where the respondent agrees to the order without admitting fault. It becomes a legally binding court order.
Safety Resources
If you are in immediate danger, call 911.
National DV Hotline: 1-800-799-7233 (24/7, confidential)
NY State DV & Sexual Violence Hotline: 800-942-6906
NYC Safe Horizon: 800-621-4673