What You Need to Know About Different Types of Restraining Orders in New York

In New York, there are several types of restraining orders, also known as orders of protection, that can be obtained for different situations. Here are some common types of restraining orders available in New York:

1. Family Court Order of Protection

A Family Court Order of Protection is available in cases involving family offenses, such as domestic violence, between individuals who have a specific relationship, including spouses, ex-spouses, relatives, and individuals with a child in common. It can provide various protections and restrictions, including no-contact orders, stay-away orders, and temporary child custody arrangements.

2. Criminal Court Order of Protection

A Criminal Court Order of Protection is issued in connection with a criminal case, typically involving charges of harassment, assault, or domestic violence. It can be granted to protect the victim or witnesses involved in the case, imposing restrictions on the defendant’s contact or proximity to the protected individuals.

3. Supreme Court Order of Protection

A Supreme Court Order of Protection is available in cases involving non-family offenses or situations where the Family Court does not have jurisdiction. It can be obtained for a broader range of relationships or circumstances, including neighbors, acquaintances, or incidents that do not fit under the Family Court’s jurisdiction.

4. Temporary Order of Protection

A Temporary Order of Protection is issued to provide immediate protection before a full hearing can take place. It can be granted in cases of alleged abuse or harassment, providing temporary relief and safety measures until a further determination is made.

5. Full Order of Protection

A Full Order of Protection, also known as a Final Order of Protection, is granted after a hearing where evidence is presented and both parties have an opportunity to be heard. It can provide long-term protection for a specified period or until modified or terminated by the court. A Full Order of Protection can include provisions such as no-contact orders, stay-away orders, and other specific conditions tailored to the situation.

It is important to consult with an attorney or contact your local courthouse or legal aid organization for guidance specific to your situation, as the specific procedures and requirements may vary depending on the jurisdiction within New York.