How to Get an Order of Protection in New York
Reviewed by DocDraft Legal Team · New York · Last updated September 17, 2026
In New York, an order of protection is a court order that directs an abuser to stop the abuse and stay away from you. In Family Court, you get one by filing a family offense petition under Article 8 of the Family Court Act (Family Court Act 812 and following). You can seek one when a spouse, partner, co-parent, or family member has harassed, threatened, stalked, or assaulted you. You file the Petition (Family Offense), Form 8-2, with the Family Court in the county where you live, where the respondent lives, or where the offense happened. There is no fee to file a family offense petition in Family Court. On the day you file, before the respondent is served, a judge can issue a temporary order of protection for good cause shown (Family Court Act 828). That temporary order lasts only until your next court date, and the judge can extend it from date to date until the case is decided. At the final hearing, the court can issue a final order of protection lasting up to two years, or up to five years if the court finds aggravating circumstances (Family Court Act 842). Orders of protection are also available in criminal court and in a Supreme Court divorce case. If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
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How do I get an order of protection in New York?
File a Petition (Family Offense), Form 8-2, with the Family Court in the county where you live, where the respondent lives, or where the offense happened. There is no fee to file. A judge can issue a temporary order of protection the same day, and a court date follows for a final order.
How long does it take to get an order of protection in New York?
On the day you file your petition, before the respondent is served, a judge can issue a temporary order of protection for good cause shown (Family Court Act 828). It takes effect once signed and lasts until your next court date. If you are in immediate danger, call 911 first.
How long does an order of protection last in New York?
A temporary order of protection lasts only until your next court date and can be extended from date to date. After a hearing, a final order of protection can last up to two years, or up to five years if the court finds aggravating circumstances (Family Court Act 842).
Which court handles orders of protection in New York?
You file in Family Court, in the county where you live, where the respondent lives, or where the family offense occurred. Orders of protection are also available in criminal court and in a Supreme Court divorce case. The New York courts provide the forms and self-help guidance for filing.
New York order of protection law at a glance
In New York, an order of protection protects you from abuse by a spouse, former spouse, co-parent, family member, or intimate partner, obtained in Family Court through a family offense petition under Article 8 of the Family Court Act (Family Court Act 812 and following). You file Form 8-2, the Petition (Family Offense), and there is no fee to file. On the day you file, before the respondent is served, a judge can issue a temporary order of protection for good cause shown (Family Court Act 828), lasting until your next court date. After a hearing, a final order of protection can last up to two years, or up to five years if the court finds aggravating circumstances (Family Court Act 842). Orders of protection are also available in criminal court and in a Supreme Court divorce case.
Getting a New York order of protection after threats from a co-parent
In New York, suppose a former partner you share a child with has been threatening you and showing up at your home. You complete the Petition (Family Offense), Form 8-2, describing the threats with dates, and file it with the Family Court at no cost. The same day, before your ex is served, a judge signs a temporary order of protection for good cause shown (Family Court Act 828), effective until your next court date. A sheriff or process server serves your ex. At the hearing you show screenshots and testify, and the judge issues a two-year final order of protection directing no contact and stay-away conditions (Family Court Act 842). You keep a copy of the signed order with you. Attorney review of your petition is available through DocDraft.
Relevant Laws
Family Court Act 828 (temporary order of protection)
Authorizes the Family Court, upon the filing of a family offense petition and for good cause shown, to issue a temporary order of protection before the respondent is served. The temporary order lasts until the next court date and can be extended from date to date.
Family Court Act 842 (duration of the final order of protection)
Provides that a final order of protection shall set reasonable conditions of behavior for a period not in excess of two years, or for a period not in excess of five years upon a finding of aggravating circumstances or a violation of a valid order of protection.
Family Court Act 812 (family offense jurisdiction and definition)
Gives the Family Court and the criminal courts concurrent jurisdiction over family offense proceedings, covering acts such as harassment, stalking, menacing, and assault, between spouses, former spouses, co-parents, family members, or intimate partners.
New York CourtHelp: Family Offense and Orders of Protection
The New York State Unified Court System self-help resource explains how to file a family offense petition in Family Court, notes there is no fee to file, and describes how the temporary and final order of protection process works.
Regional Variances
New York order of protection rules at a glance
Order name
Order of protection, obtained in Family Court through a family offense petition under Article 8 of the Family Court Act (Family Court Act 812 and following). Orders of protection are also available in criminal court and in a Supreme Court divorce case.
Where to file
The Family Court, in the county where you live, where the respondent lives, or where the family offense happened. There is no fee to file a family offense petition.
Emergency and temporary orders
On the day you file, before the respondent is served, a judge can issue a temporary order of protection for good cause shown (Family Court Act 828). It lasts until your next court date and can be extended from date to date.
Final order duration
After a hearing, a final order of protection can last up to two years, or up to five years upon a finding of aggravating circumstances or a violation of a valid order of protection (Family Court Act 842).
Main form
Form 8-2, the Petition (Family Offense), filed with the Family Court. Forms and instructions are free through the New York courts and their CourtHelp self-help resources.
Suggested Compliance Checklist
Complete the Petition (Family Offense), Form 8-2
As soon as possible after the abuse days after startingFill out the family offense petition describing your relationship to the respondent and the specific acts, with dates. Use the free New York Family Court forms and CourtHelp self-help resources if you need help. Attorney review of your petition is available through DocDraft.
File your petition with the Family Court
Same day you finish the petition days after startingFile the Petition (Family Offense) with the Family Court clerk in the county where you live, where the respondent lives, or where the family offense happened. There is no fee to file. Ask the clerk when the judge will decide on your temporary order of protection.
Get and carry the temporary order of protection
Same day the judge signs it days after startingIf the judge grants a temporary order of protection (Family Court Act 828), get the signed order and keep a copy with you. It lasts until your next court date. Note your court date from the papers the court gives you.
Arrange service on the respondent
Before the next court date days after startingHave an adult who is not you, or a law enforcement officer, personally serve the respondent with your petition and the temporary order, then file the proof of service. Service is required for the court to grant a final order of protection.
Attend the court hearing with your evidence
On each scheduled court date days after startingGo to every court date and bring photos, messages, medical records, and any witnesses. Both sides can testify. The judge decides whether to issue a final order of protection (Family Court Act 842). If you miss a court date, your temporary order can lapse.
Track the expiration and ask to extend if needed
Before the order expires (up to 5 years out) days after startingA final order of protection can last up to two years, or up to five years with aggravating circumstances (Family Court Act 842). Calendar the expiration date and ask the court to extend it for good cause before it ends.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Petition (Family Offense), Form 8-2 | Fill out the family offense petition describing your relationship to the respondent and the specific acts, with dates. Use the free New York Family Court forms and CourtHelp self-help resources if you need help. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the Family Court | File the Petition (Family Offense) with the Family Court clerk in the county where you live, where the respondent lives, or where the family offense happened. There is no fee to file. Ask the clerk when the judge will decide on your temporary order of protection. | - | Same day you finish the petition |
| Get and carry the temporary order of protection | If the judge grants a temporary order of protection (Family Court Act 828), get the signed order and keep a copy with you. It lasts until your next court date. Note your court date from the papers the court gives you. | - | Same day the judge signs it |
| Arrange service on the respondent | Have an adult who is not you, or a law enforcement officer, personally serve the respondent with your petition and the temporary order, then file the proof of service. Service is required for the court to grant a final order of protection. | - | Before the next court date |
| Attend the court hearing with your evidence | Go to every court date and bring photos, messages, medical records, and any witnesses. Both sides can testify. The judge decides whether to issue a final order of protection (Family Court Act 842). If you miss a court date, your temporary order can lapse. | - | On each scheduled court date |
| Track the expiration and ask to extend if needed | A final order of protection can last up to two years, or up to five years with aggravating circumstances (Family Court Act 842). Calendar the expiration date and ask the court to extend it for good cause before it ends. | - | Before the order expires (up to 5 years out) |
Frequently Asked Questions
No. There is no fee to file a family offense petition in Family Court in New York. The New York State Unified Court System states there are no filing fees in Family Court cases. You also are not charged to have a law enforcement officer serve the papers on the respondent.
You can file a family offense petition if the respondent is a spouse or former spouse, someone you share a child with, a person related by blood or marriage, or a current or former intimate partner (Family Court Act 812). A parent or guardian can file on behalf of a child.
A family offense includes acts such as disorderly conduct, harassment, aggravated harassment, stalking, menacing, reckless endangerment, strangulation, and assault, when committed between family or household members (Family Court Act 812). The Family Court and the criminal courts share jurisdiction, so you can also report the conduct to the police.
A temporary order of protection is issued the day you file your petition, before the respondent is served, for good cause shown (Family Court Act 828). It lasts only until your next court date. The judge can extend it from date to date until the case is decided at a hearing.
At the hearing, both you and the respondent can attend, present evidence, and testify. The judge decides whether to issue a final order of protection and what conditions to set, such as no contact and stay-away terms (Family Court Act 842). The respondent may consent to an order without admitting wrongdoing.
Yes. Before a final order of protection expires, you can ask the court to extend it for good cause shown or on consent of the parties, and the judge may grant a reasonable additional period (Family Court Act 842). Bring your request back to the Family Court that issued the order.
Violating an order of protection can be a crime in New York. Call the police, who can arrest the respondent, and the Family Court can also hold the person in contempt. Keep a copy of your order with you at all times and report every violation so officers can enforce it.
New York Family Court is set up for people to file without a lawyer. Court staff and CourtHelp self-help resources provide the family offense petition, instructions, and guidance at no charge. Domestic violence advocates can also help you prepare and go with you to court if the case is contested.
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