What You Need to Know About Orders of Protection

You may seek an order of protection from Family Court if:

• You are legally married to or divorced from the abuser;
• You are related by blood to the abuser;
• You have a child in common with the abuser;
• You are or have been in an intimate relationship with the abuser (this includes dating, living together, and same-sex relationships); and/or,
• You and the abuser are members of the same household.

You can seek an order of protection from Family Court even if there is criminal case pending with an order of protection.

You may receive an order of protection in the Family Court if the incident complained of constitutes a “Family Offense.” These offenses include:

• Disorderly conduct
• Stalking
• Harassment in the first or second degree
• Menacing in the second or third degree
• Reckless endangerment
• Assault in the second or third degree
• Attempted assault
• Certain financial crimes

When an order of protection is issued, the court can:

• Order your spouse or partner to stay away from you, your children, your home and your workplace;
• Order your spouse or partner to stop harming you and your children;
• Order your spouse or partner to have no contact with you, including through third parties, or via social media.

If your spouse or partner fails to follow the order of protection they can be arrested.

The duration of a final order of protection in Family Court is generally two years. The duration can be extended to five years if the conduct charged in the petition is in violation of a valid order of protection or the court makes a finding of aggravated circumstances.

Yes, you can apply to the court before your order expires to extend the order if it is still necessary.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.