Step-by-Step: How to Get a Restraining Order in New York City (2025)

Introduction

Facing threats, harassment, or domestic violence is frightening—and you don’t have to wait or suffer in silence. In New York, what many people call a “restraining order” is legally known as an Order of Protection. Whether you're in New York City or elsewhere in New York State, this guide walks you through the steps (as of 2025) to get one, what evidence you’ll need, and what to expect in your case. This is a comprehensive resource: bookmark it or share it with others who may need it.

What Is an Order of Protection?

An Order of Protection is a court order that legally restricts someone’s behavior toward you. It may:

• Prohibit the other person (respondent) from contacting, harassing, threatening, stalking, or assaulting you

• Order them to stay away from your home, work, or school

• Exclude them from entering your residence

• Prohibit them from possessing firearms

• In some cases, grant you temporary child support or custody/visitation protections

In everyday language, this is often what people refer to as a “restraining order.” (Saland Law)

Different courts may issue orders of protection depending on your situation (Family Court, Criminal Court, or Supreme Court) in New York. (NY Courts)

Which Court Should You Go To?

Your best path depends on your relationship to the person and whether criminal charges are involved.

You may in some cases seek both a Family Court order and a criminal court order if appropriate. (LawNY)

Step-by-Step: How to Get an Order of Protection in NYC (2025)

Here is a general roadmap. Specific procedures can vary by county (e.g. Manhattan, Brooklyn, etc.), so always check the local Family Court or courthouse website.

Step 1: Decide Where to File

• In Family Court, you can file in the county where you live, the respondent lives, or where the abuse happened. (WomensLaw.org)

• If you are in a confidential shelter, consider whether filing in that county might expose your location to the respondent. (WomensLaw.org)

• If there is an active criminal case, you may go through Criminal Court for that. (NY Courts)

Step 2: Fill Out the Necessary Forms / Petition

• In Family Court, you file a Family Offense Petition (sometimes called a “petition for order of protection” or similar). (NY Courts)

• The New York Unified Court System provides standardized forms (e.g. GF-5 for Temporary Order of Protection, GF-5a for final order) (NY Courts)

• You will also fill out an Affidavit in Support describing incidents of abuse or threats. (NY Courts)

• There is no filing fee for Family Court orders of protection. (NY Courts)

Step 3: Appear Before a Judge for a Temporary (Ex Parte) Order

• After filing, you may see a judge the same day (or soon after) to request a Temporary Order of Protection, which may be granted before the respondent is served. (NY Courts)

• The judge reviews your petition and may ask you questions. (NY Courts)

• If the judge finds sufficient cause, a temporary order will be issued until the full hearing date. (WomensLaw.org)

Step 4: Serve the Respondent with Papers

• The temporary order, petition, and summons must be personally served on the respondent. (NY Courts)

• Service can be done by the NYPD, the NYC Sheriff, or a non-party adult (not you) or process server. (New York City Government)

• Once service is done, an Affidavit of Service must be filed with the court. (New York City Government)

• The temporary order typically does not go into effect until the respondent is served. (New York City Government)

Step 5: Attend the Full Hearing / Return Date

• Both you (petitioner) and the respondent must attend the return date / hearing. (NY Courts)

• At the hearing, you present evidence and testimony; the respondent can also present their side. (The Law Office of Ryan Besinque, PC)

• The judge may grant a Final Order of Protection if you satisfy the burden (preponderance of evidence) that a “family offense” occurred. (NY Courts)

• If the request is denied, you may appeal (depending on local rules). (Law Office Of Jeffrey W. Johnson)

Step 6: What Happens After a Final Order

• A Final Order of Protection usually lasts 2 years in Family Court. In certain “aggravating circumstances” (physical injury, weapon use, repeated violations), it can go up to 5 years. (NY Courts)

• You may ask the court to modify or extend the order if conditions change or threats persist. (NY Courts)

• If the respondent violates the order, that can be a crime: you should call the police (in emergencies, 911) or file a violation in Family Court or criminal court. (New York City Government)

• The order may also contain additional relief: restitution for property damage, medical costs, attorney’s fees, counseling for the respondent, custody or visitation terms, and more. (NY Courts)

What Evidence Do You Need?

While you don’t need to prove your case beyond a reasonable doubt (as in criminal court), you do need to show that it’s “more likely than not” a family offense occurred. (LegalAtoms)

Here are common types of evidence:

• Your own sworn affidavit or testimony: Describe in detail when, where, what happened, how you were harmed or threatened, who was present, etc. (NY Courts)

• Police reports or 911 calls: Official records help corroborate your claims. (Law Office of Richard Roman Shum, Esq.)

• Medical records / doctor’s reports: Any injuries you sustained should be documented.

• Photos / videos: Images of injuries, property damage, threatening texts, etc.

• Text messages, emails, social media evidence: Sometimes very powerful.

• Witness statements: Neighbors, friends, family who observed abuse or threats.

• Other documentation: Journals, diaries, threats, voice messages, etc.

New York’s family court often allows hearsay evidence under limited circumstances, meaning that out-of-court statements may be accepted if relevant and reliable. (NY Courts)

What Counts as a “Family Offense”?

To be eligible in Family Court, the petitioner must allege that the respondent committed one (or more) of a set of legally defined “family offenses” under the Family Court Act. These include:

• Assault, harassment, menacing or reckless endangerment

• Criminal trespass

• Coercion

• Stalking or aggravated harassment

• Violation of order of protection

• Sexual offenses

• Kidnapping

• Unlawful imprisonment

• Harassment with a dangerous instrument

• Prohibition of stalking using electronic communication

If you do not have a qualifying relationship (e.g. the person is a stranger you encounter), you may need to pursue criminal charges or rely on a criminal court order of protection instead. (NY Courts)

What If You’re Afraid to Be in Court?

If you fear seeing the respondent in court:

• You can ask for courts to provide separation or barriers during hearings

• In some counties, remote (virtual) appearances may be allowed or arranged

• Request for the judge to order alternative safe arrangements (e.g. separate entrance)

• Ask a domestic violence advocate to accompany you

• Request that hearings occur in a safer space or with security presence

After the Order Is Granted — What You Should Do

1. Keep a copy of the order with you at all times

2. Know the expiration date and whether it’s renewable

3. Report violations immediately to law enforcement

4. Inform third parties (employers, school, neighbors) about the order if safety demands

5. Document all incidents after the order—texts, calls, threats, etc.

6. Check whether your firearms must be surrendered (if the respondent has a gun)

7. Work with victim advocates or support services to maintain safety

Timeline Summary

• Day 0: You file petition & see a judge

• Day 0 / same day: Possibly a temporary order issued

• Within short period (days/weeks): Respondent is served

• Return date / hearing: Both parties present, decision made

• After hearing: Order continues at full term (2 or 5 years) or gets modified/renewed

Common Questions & Troubleshooting

What if the respondent can't be located or served?
You should inform the court. The court may allow alternative service (mail, publication) or issue a warrant for service. Sometimes, courts delay the hearing until service is completed. (NY Courts)

Can the order be extended or modified?
Yes. You can file a motion to extend before expiration or to modify terms (e.g. stricter or more relaxed) if circumstances change. (NY Courts)

What if the order is violated?
Violations are criminal. Call 911 for immediate threats or go to your local precinct. You can also file violation proceedings in Family Court or ask the criminal court to enforce. (New York City Government)

Does the order show up on background checks?
If the order stems from a Family Court case, it typically does not show on criminal background checks (because such proceedings are civil in nature) (Saland Law). But if it’s tied to a criminal court case, it can appear in public records. (Saland Law)

What if the court denies it?
You may appeal or refile with stronger evidence. You might also consider seeking a criminal case or involving the police. (Law Office Of Jeffrey W. Johnson)

Recent Developments & What May Change in 2025

• In 2025, there is a proposed CREEP Act (Ceasing Repeated, Extremely Egregious, and Predatory Act) in the New York legislature to allow new civil anti-stalking orders outside of the traditional intimate/family relationship framework. That aims to modernize protections for victims of non-intimate stalking. (Times Union)

• Courts are increasingly allowing e-filing or virtual appearances in some jurisdictions, especially for sensitive cases or where in-person attendance is dangerous. (WomensLaw.org)

So always check the local county or NYC Family Court’s current rules before you go.

Final Thoughts & Tips for Applicants

• Be as specific as possible in your petition: include dates, times, locations, exactly what was said or done.

• Bring supporting documents to your hearing (photos, texts, records, medical reports).

• Use a domestic violence advocate or legal support clinic if available.

• Stay organized: keep copies of everything, notes of incidents, and a strictly documented timeline.

• Don’t wait: the sooner you seek protection (especially in urgent danger), the better your chances of getting a temporary order quickly.

You deserve to feel safe—and the law is on your side to help you enforce that safety.