Orders of Protection and Restraining Orders in New York City

If you are in immediate danger or facing a life-threatening situation, call 911 right away.

If you are considering seeking an order of protection in New York City or need to respond to one that has been filed against you, contact Rudyuk Law Firm, P.C. | RLF Family Law to discuss your situation and explore your legal options.

In situations involving harassment, threats, or abuse, the law provides tools designed to help protect individuals and families. One of the most important of these tools is an Order of Protection, commonly referred to as a restraining order.

At Rudyuk Law Firm, P.C. | RLF Family Law, we assist clients throughout New York City in seeking protective orders when safety is at risk, as well as defending individuals who have been wrongfully accused in protection order proceedings.

What Is an Order of Protection In New York City?

An Order of Protection is a court order designed to protect a person from harassment, threats, abuse, or intimidation.

Depending on the circumstances, an order of protection may require the other party to:

• Avoid contact with you
• Stay away from your home, workplace, or school
• Stop communicating with you by phone, text, or social media
• Follow specific restrictions established by the court

Orders of protection are often issued in situations involving domestic disputes, family conflicts, or allegations of harassment or abuse.

When Can an Order of Protection Be Issued In New York City?

An order of protection can be issued through criminal proceedings or through civil proceedings.

Civil Orders of Protection

• More commonly, individuals seek an order of protection through Family Court or Supreme Court when they believe they are experiencing harassment, threats, or abuse from someone with whom they have a personal relationship.
• These orders do not require criminal charges to be filed.
• Working with Rudyuk Law Firm, P.C. | RLF Family Law to prepare and present a request for a civil order of protection.

Situations Where an Order of Protection May Be Appropriate

An order of protection may be appropriate if you are experiencing situations such as:

• Threats or intimidation from a spouse, partner, or former partner
• Harassment from a current or former intimate partner
• Domestic violence within a household
• Fear for your personal safety or the safety of your children
• A family member creating an unsafe living environment

Legal protection may help establish boundaries and provide a structured mechanism for addressing ongoing threats or harassment.

Where to Obtain an Order of Protection In New York City

If you are considering seeking or responding to an order of protection in New York, discussing your situation with an experienced family law attorney can help you understand your options and determine the most appropriate course of action.

Orders of protection may be issued by several courts in New York depending on the circumstances.

Family Court

Family Court handles family offense petitions involving people who have a qualifying relationship, including:

• Spouses or former spouses
• Family members related by blood or marriage
• Individuals who share a child
• People who have or previously had an intimate relationship

A person may file a petition in Family Court seeking protection from harassment, threats, or abuse.

Supreme Court

If divorce proceedings are already underway, a request for an order of protection can be made within the divorce case in the Supreme Court.

Criminal Court

When criminal charges are filed, judges may issue criminal orders of protection as part of the criminal case.

What Do I Do If Someone Filed a Restraining Order Against Me In New York City?

If you feel someone has made a false accusation or wrongfully filed an order of protection against you, it’s in your best interest to work with a qualified attorney to best protect yourself from any of the collateral consequences associated with a restraining order.

An experienced family law attorney can help you mount a strong defense to protect you from a wrongful attack on your character and on your record.

What Happens if an Order of Protection Is Violated In New York City?

Violating an order of protection is a criminal offense in New York.

If a person violates the order by contacting you, approaching you, or ignoring restrictions imposed by the court, law enforcement may arrest the individual and the violation can lead to additional criminal charges.

Temporary and Final Orders of Protection In New York City

When a petition is filed in Family Court, the court may issue a temporary order of protection while the case is pending.

After a hearing, the court may issue a final order of protection if the allegations are proven.

The duration of a final order can vary:

• Up to two years in standard family offense cases
• Up to five years if the court finds aggravating circumstances

Your Key to a Successful Resolution

If you need assistance seeking an Order of Protection in New York, or if you are responding to a protection order filed against you, Rudyuk Law Firm, P.C. | RLF Family Law provides strategic guidance to help you navigate these sensitive legal matters.