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What it is called in New York
order of protection
New York splits this across three courts and two statutes, and the differences matter. (1) Family Court order of protection, under article 8 of the Family Court Act (the "family offense" article). This is the civil route. You file a family offense petition yourself; no arrest and no criminal charge is needed. Family Court Act section 828 is captioned "Temporary order of protection; temporary orders for child support and spousal maintenance" and section 842 is captioned "Order of protection". (2) Criminal court order of protection, under Criminal Procedure Law section 530.12, captioned "Protection for victims of family offenses", and section 530.13, captioned "Protection of victims of crimes, other than family offenses". These are issued inside a criminal case, so they depend on a prosecution existing; the person protected is not the one who applies. Section 530.12 covers people in the family or household relationships; section 530.13 covers everyone else. (3) Supreme Court order of protection in a matrimonial action, under Domestic Relations Law section 240, captioned "Custody and child support; orders of protection". Subdivision 3 is headed "Order of protection" and lets the judge who is handling the divorce or the custody case make a protective order in that same case. Family Court Act section 812(1) gives the Family Court and the criminal courts concurrent jurisdiction over family offenses, so the same conduct can be taken to either court, or to both at once.
Does this cover me?
Who can ask for one
This is the definition in Family Court Act section 812(1). The criminal courts use the same definition through Criminal Procedure Law section 530.11(1), which section 530.12 points to. Two points a reader is most likely to need. First, paragraph (e) is the intimate-relationship category, added so that dating partners and other unmarried partners are covered whether or not they ever lived together; the statute leaves "intimate relationship" for the judge to decide on the listed factors and says plainly that a casual acquaintance, or ordinary business or social contact, is not enough. Second, paragraph (f) reaches the relatives of people in an intimate relationship, so a new partner's family member can be covered. The words "consanguinity" and "affinity" mean related by blood and related by marriage. The full text had to be retrieved from the state legislature's page in several successive passages because the retrieval tool would not return the whole section in one piece; the quotation marks around the defined phrase appear as returned by that tool and the statute as printed may use double quotation marks there.
Family Court Act art. 8 (Family Offense Proceedings), esp. section 812 (Procedures for family offense proceedings), section 821 (Originating proceeding), section 828 (Temporary order of protection; temporary orders for child support and spousal maintenance), section 832 (Definition of "fact-finding hearing"), section 842 (Order of protection), section 842-a (Suspension and revocation of firearms licenses; surrender of firearms), section 846-a (Powers on failure to obey order); Criminal Procedure Law section 530.12 (Protection for victims of family offenses) and section 530.13 (Protection of victims of crimes, other than family offenses); Domestic Relations Law section 240(3) (Order of protection); Penal Law section 215.51 (Criminal contempt in the first degree) — who is coveredFor purposes of this article, 'members of the same family or household' shall mean the following: (a) persons related by consanguinity or affinity; (b) persons legally married to one another; (c) persons formerly married to one another regardless of whether they still reside in the same household; (d) persons who have a child in common regardless of whether such persons have been married or have lived together at any time; (e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship"; and (f) persons who are related by consanguinity or affinity to parties who are or have been in an intimate relationship as defined in paragraph (e) of this subdivision.
What you have to show
Family Court Act art. 8 (Family Offense Proceedings), esp. section 812 (Procedures for family offense proceedings), section 821 (Originating proceeding), section 828 (Temporary order of protection; temporary orders for child support and spousal maintenance), section 832 (Definition of "fact-finding hearing"), section 842 (Order of protection), section 842-a (Suspension and revocation of firearms licenses; surrender of firearms), section 846-a (Powers on failure to obey order); Criminal Procedure Law section 530.12 (Protection for victims of family offenses) and section 530.13 (Protection of victims of crimes, other than family offenses); Domestic Relations Law section 240(3) (Order of protection); Penal Law section 215.51 (Criminal contempt in the first degree) — the groundsFamily Court Act section 832: § 832. Definition of "fact-finding hearing". When used in this article, "fact-finding hearing" means a hearing to determine whether the allegations of a petition under section eight hundred twenty-one are supported by a fair preponderance of the evidence. Family Court Act section 821(1)(a), on what the petition must allege: An allegation that the respondent assaulted or attempted to assault his or her spouse, or former spouse, parent, child or other member of the same family or household or engaged in disorderly conduct, harassment, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking, criminal mischief, menacing, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law, toward any such person; Family Court Act section 812(1), the family offense list in full: acts which would constitute disorderly conduct, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding.
Can I get something today?
temporary order of protection — before any hearing
This is the order a court can make without the other person present. It is short by design: it holds until a hearing, and the hearing is where the longer order is decided.
The standard the court applies§ 828. Temporary order of protection; temporary orders for child support and spousal maintenance. 1. (a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection, which may contain any of the provisions authorized on the making of an order of protection under section eight hundred forty-two, provided that the court shall make a determination, and the court shall state such determination in a written decision or on the record, whether to impose a condition pursuant to this subdivision, provided further, however, that failure to make such a determination shall not affect the validity of such order of protection. In making such determination, the court shall consider, but shall not be limited to consideration of, whether the temporary order of protection is likely to achieve its purpose in the absence of such a condition, conduct subject to prior orders of protection, prior incidents of abuse, extent of past or present injury, threats, drug or alcohol abuse, and access to weapons. (b) Upon the filing of a petition under this article, or as soon thereafter as the petitioner appears before the court, the court shall advise the petitioner of the right to proceed in both the family and criminal courts, pursuant to the provisions of section one hundred fifteen of this act. 2. A temporary order of protection is not a finding of wrongdoing. 3. The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a warrant, directing that the respondent be arrested and brought before the court, pursuant to section eight hundred twenty-seven of this article.
The test in Family Court is "for good cause shown", and the statute says in terms that a temporary order of protection is not a finding of wrongdoing, so getting one is not a ruling that the other person did what is alleged. Section 828 does not put a number of days or months on a temporary order. Because the statute is silent, we did not publish a figure. The New York court system's own guidance on filing a family offense petition states: "A temporary order of protection only lasts until the next time you are in court. It can be extended at each court date until the case is over." In a criminal case, Criminal Procedure Law section 530.12(1) allows a temporary order of protection while the case is pending: "When a criminal action is pending involving a complaint charging any crime or violation between spouses, former spouses, parent and child, or between members of the same family or household, as members of the same family or household are defined in subdivision one of section 530.11 of this article, the court, in addition to any other powers conferred upon it by this chapter may issue a temporary order of protection in conjunction with any securing order committing the defendant to the custody of the sheriff or as a condition of any order of recognizance or bail or an adjournment in contemplation of dismissal." Section 530.13(1) does the same for victims of crimes that are not family offenses: "When any criminal action is pending, and the court has not issued a temporary order of protection pursuant to section 530.12 of this article, the court, in addition to the other powers conferred upon it by this chapter, may for good cause shown issue a temporary order of protection in conjunction with any securing order or an adjournment in contemplation of dismissal." In a divorce or custody case in Supreme Court, Domestic Relations Law section 240(3) provides that a party moving for a temporary order of protection during hours when the court is open "shall be entitled to file such motion or pleading containing such prayer for emergency relief on the same day that such person first appears at such court."
The order after a hearing
How long it lasts, and whether it can be extended
The standard the court applies§ 832. Definition of "fact-finding hearing". When used in this article, "fact-finding hearing" means a hearing to determine whether the allegations of a petition under section eight hundred twenty-one are supported by a fair preponderance of the evidence.
How long§ 842. Order of protection. An order of protection under section eight hundred forty-one of this part shall set forth reasonable conditions of behavior to be observed for a period not in excess of two years by the petitioner or respondent or for a period not in excess of five years upon (i) a finding by the court on the record of the existence of aggravating circumstances as defined in paragraph (vii) of subdivision (a) of section eight hundred twenty-seven of this article; or (ii) a finding by the court on the record that the conduct alleged in the petition is in violation of a valid order of protection. Any finding of aggravating circumstances pursuant to this section shall be stated on the record and upon the order of protection.
Extending or renewing itThe court may also, upon motion, extend the order of protection for a reasonable period of time upon a showing of good cause or consent of the parties. The fact that abuse has not occurred during the pendency of an order shall not, in itself, constitute sufficient ground for denying or failing to extend the order. The court must articulate a basis for its decision on the record. The duration of any temporary order shall not by itself be a factor in determining the length or issuance of any final order.
In Family Court the ordinary maximum is two years. It rises to five years only if the judge makes one of two findings on the record: that aggravating circumstances exist, or that the conduct alleged broke a valid order of protection that was already in place. "Aggravating circumstances" is defined in Family Court Act section 827(a)(vii): "aggravating circumstances exist which require the immediate arrest of the respondent. For the purposes of this section aggravating circumstances shall mean physical injury or serious physical injury to the petitioner caused by the respondent, the use of a dangerous instrument against the petitioner by the respondent, a history of repeated violations of prior orders of protection by the respondent, prior convictions for crimes against the petitioner by the respondent or the exposure of any family or household member to physical injury by the respondent and like incidents, behaviors and occurrences which to the court constitute an immediate and ongoing danger to the petitioner, or any member of the petitioner's family or household." Two sentences in section 842 protect people whose orders are working: the fact that no abuse happened while the order was in force is not by itself a reason to refuse to extend it, and the length of the temporary order is not by itself a factor in setting the length of the final one. The criminal courts run on different numbers. On sentencing, Criminal Procedure Law section 530.12(5) provides that the duration "shall be fixed by the court" and, in the version the legislature's page shows as effective until September 1, 2027: "(A) in the case of a felony conviction, shall not exceed the greater of: (i) eight years from the date of such sentencing, except where the sentence is or includes a sentence of probation on a conviction for a felony sexual assault, as provided in subparagraph (iii) of paragraph (a) of subdivision three of section 65.00 of the penal law, in which case, ten years from the date of such sentencing, or (ii) eight years from the date of the expiration of the maximum term of an indeterminate or the term of a determinate sentence of imprisonment actually imposed; or (B) in the case of a conviction for a class A misdemeanor, shall not exceed the greater of: (i) five years from the date of such sentencing, except where the sentence is or includes a sentence of probation on a conviction for a misdemeanor sexual assault, as provided in subparagraph (ii) of paragraph (b) of subdivision three of section 65.00 of the penal law, in which case, six years from the date of such sentencing, or (ii) five years from the date of the expiration of the maximum term of a definite or intermittent term actually imposed; or (C) in the case of a conviction for any other offense, shall not exceed the greater of: (i) two years from the date of sentencing, or (ii) two years from the date of the expiration of the maximum term of a definite or intermittent term actually imposed." Criminal Procedure Law section 530.13(4) carries the same three brackets for victims of crimes that are not family offenses. In Supreme Court, Domestic Relations Law section 240(3) sets no maximum in years; it says the conditions run "for a specified time" and that "The order of protection may remain in effect after entry of a final matrimonial judgment and during the minority of any child whose custody or visitation is the subject of a provision of a final judgment or any order."
What the judge can actually order
Wider than most people expect. In most states this list reaches the home, the children and money, not just distance.
The statutory list
Family Court Act art. 8 (Family Offense Proceedings), esp. section 812 (Procedures for family offense proceedings), section 821 (Originating proceeding), section 828 (Temporary order of protection; temporary orders for child support and spousal maintenance), section 832 (Definition of "fact-finding hearing"), section 842 (Order of protection), section 842-a (Suspension and revocation of firearms licenses; surrender of firearms), section 846-a (Powers on failure to obey order); Criminal Procedure Law section 530.12 (Protection for victims of family offenses) and section 530.13 (Protection of victims of crimes, other than family offenses); Domestic Relations Law section 240(3) (Order of protection); Penal Law section 215.51 (Criminal contempt in the first degree) — remediesFamily Court Act section 842. Any order of protection issued pursuant to this section may require the petitioner or the respondent: (a) to stay away from the home, school, business or place of employment of any other party, the other spouse, the other parent, or the child, and to stay away from any other specific location designated by the court, provided that the court shall make a determination, and shall state such determination in a written decision or on the record, whether to impose a condition pursuant to this subdivision, provided further, however, that failure to make such a determination shall not affect the validity of such order of protection. In making such determination, the court shall consider, but shall not be limited to consideration of, whether the order of protection is likely to achieve its purpose in the absence of such a condition, conduct subject to prior orders of protection, prior incidents of abuse, extent of past or present injury, threats, drug or alcohol abuse, and access to weapons; (b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods; (c) to refrain from committing a family offense, as defined in subdivision one of section eight hundred twelve of this article, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons; (d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law; (e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child; (f) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced; (g) to require the respondent to participate in a batterer's education program designed to help end violent behavior, which may include referral to drug and alcohol counseling, and to pay the costs thereof if the person has the means to do so, provided however that nothing contained herein shall be deemed to require payment of the costs of any such program by the petitioner, the state or any political subdivision thereof; (h) to provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order; (i) 1. to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household. 2. "Companion animal", as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law; (j) 1. to promptly return specified identification documents to the protected party, in whose favor the order of protection or temporary order of protection is issued; provided, however, that such order may: (A) include any appropriate provision designed to ensure that any such document is available for use as evidence in this proceeding, and available if necessary for legitimate use by the party against whom such order is issued; and (B) specify the manner in which such return shall be accomplished. 2. For purposes of this subdivision, "identification document" shall mean any of the following: (A) exclusively in the name of the protected party: birth certificate, passport, social security card, health insurance or other benefits card, a card or document used to access bank, credit or other financial accounts or records, tax returns, any driver's license, and immigration documents including but not limited to a United States permanent resident card and employment authorization document; and (B) upon motion and after notice and an opportunity to be heard, any of the following, including those that may reflect joint use or ownership, that the court determines are necessary and are appropriately transferred to the protected party: any card or document used to access bank, credit or other financial accounts or records, tax returns, and any other identifying cards and documents; (k) 1. to refrain from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by the order. 2. For purposes of this subdivision, "connected device" shall mean any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or bluetooth address; and (l) to observe such other conditions as are necessary to further the purposes of protection. The court may also award custody of the child, during the term of the order of protection to either parent, or to an appropriate relative within the second degree. Prior to awarding custody pursuant to this paragraph, the court shall direct a review pursuant to section six hundred fifty-one of this act of the reports of the sex offender registry established and maintained pursuant to section one hundred sixty-eight-b of the correction law, reports of the statewide computerized registry of orders of protection established and maintained pursuant to section two hundred twenty-one-a of the executive law, related decisions in court proceedings conducted pursuant to article ten of this act, and all warrants issued pursuant to this act. Nothing in this section gives the court power to place or board out any child or to commit a child to an institution or agency. Notwithstanding the provisions of section eight hundred seventeen of this article, where a temporary order of child support has not already been issued, the court may in addition to the issuance of an order of protection pursuant to this section, issue an order for temporary child support in an amount sufficient to meet the needs of the child, without a showing of immediate or emergency need. The court shall make an order for temporary child support notwithstanding that information with respect to income and assets of the respondent may be unavailable. Where such information is available, the court may make an award for temporary child support pursuant to the formula set forth in subdivision one of section four hundred thirteen of this act. Temporary orders of support issued pursuant to this article shall be deemed to have been issued pursuant to section four hundred thirteen of this act. Upon making an order for temporary child support pursuant to this subdivision, the court shall advise the petitioner of the availability of child support enforcement services by the support collection unit of the local department of social services, to enforce the temporary order and to assist in securing continued child support, and shall set the support matter down for further proceedings in accordance with article four of this act. Where the court determines that the respondent has employer-provided medical insurance, the court may further direct, as part of an order of temporary support under this subdivision, that a medical support execution be issued and served upon the respondent's employer as provided for in section fifty-two hundred forty-one of the civil practice law and rules. Notwithstanding the provisions of section eight hundred seventeen of this article, where a temporary order of spousal support has not already been issued, the court may, in addition to the issuance of an order of protection pursuant to this section, issue an order directing the parties to appear within seven business days of the issuance of the order in the family court, in the same action, for consideration of an order for temporary spousal support in accordance with article four of this act. If the court directs the parties to so appear, the court shall direct the parties to appear with information with respect to income and assets, but a temporary order for spousal support may be issued pursuant to article four of this act on the return date notwithstanding the respondent's default upon notice and notwithstanding that information with respect to income and assets of the petitioner or respondent may be unavailable. In any proceeding in which an order of protection or temporary order of protection or a warrant has been issued under this section, the clerk of the court shall issue to the petitioner and respondent and his or her counsel and to any other person affected by the order a copy of the order of protection or temporary order of protection and ensure that a copy of the order of protection or temporary order of protection is transmitted to the local correctional facility where the individual is or will be detained, the state or local correctional facility where the individual is or will be imprisoned, and the supervising probation department or the department of corrections and community supervision where the individual is under probation or parole supervision. Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time, or against a member of the same family or household as defined in subdivision one of section eight hundred twelve of this article. The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order. In a divorce or custody case in Supreme Court, Domestic Relations Law section 240(3)(a) opens: "3. Order of protection. a. The court may make an order of protection in assistance or as a condition of any other order made under this section. The order of protection may set forth reasonable conditions of behavior to be observed for a specified time by any party. Such an order may require any party:" and the first four items on its list are: "(1) to stay away from the home, school, business or place of employment of the child, other parent or any other party, and to stay away from any other specific location designated by the court; (2) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods; (3) to refrain from committing a family offense, as defined in subdivision one of section 530.11 of the criminal procedure law, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded or from harassing, intimidating or threatening such persons; (4) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in a proceeding or action under this chapter or the family court act;"
Firearms
What New York’s own law says
Family Court Act section 842-a is not discretionary throughout. On a temporary order, the court "shall" suspend a license, make the person ineligible for one, and order immediate surrender if it has good cause to believe any of the three listed histories exists: a prior violent felony conviction, a prior willful violation of an order of protection that involved injury, a weapon or violent felony behavior, or a prior stalking conviction. It "shall" also do so wherever it finds a substantial risk that the person may use or threaten to use a firearm, rifle or shotgun unlawfully against the protected person. On a final order the same two triggers lead to revocation rather than suspension. The judge is directed to ask the respondent, and separately and out of the respondent's presence to ask the protected person, whether the respondent has guns and where they are. A suspension lasts as long as the order does unless the court changes it. The order itself has to name the place, the date and the time for handing the weapons in. Where a firearms order is made in a criminal case rather than in Family Court, section 842-a(5)(b) points to Criminal Procedure Law section 530.14, which we did not read in full. Family Court Act section 846-a makes revocation and surrender mandatory where a willful violation involved physical injury or the use or threatened use of a deadly weapon or dangerous instrument.
Family Court Act art. 8 (Family Offense Proceedings), esp. section 812 (Procedures for family offense proceedings), section 821 (Originating proceeding), section 828 (Temporary order of protection; temporary orders for child support and spousal maintenance), section 832 (Definition of "fact-finding hearing"), section 842 (Order of protection), section 842-a (Suspension and revocation of firearms licenses; surrender of firearms), section 846-a (Powers on failure to obey order); Criminal Procedure Law section 530.12 (Protection for victims of family offenses) and section 530.13 (Protection of victims of crimes, other than family offenses); Domestic Relations Law section 240(3) (Order of protection); Penal Law section 215.51 (Criminal contempt in the first degree) — firearmsFamily Court Act section 842-a, subdivision 1: 1. Suspension of firearms license and ineligibility for such a license upon the issuance of a temporary order of protection. Whenever a temporary order of protection is issued pursuant to section eight hundred twenty-eight of this article, or pursuant to article four, five, six, seven or ten of this act the court shall inquire of the respondent and, outside of the presence of the respondent, the petitioner or, if the petitioner is not the protected party, any party protected by such order, if the court has reason to believe that such petitioner or protected party would have actual knowledge or reason to know such information, as to the existence and location of any firearm, rifle or shotgun owned or possessed by the respondent and: (a) the court shall suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that: (i) the respondent has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; (ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved (A) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (B) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (C) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; or (iii) the respondent has a prior conviction for stalking in the first degree as defined in section 120.60 of the penal law, stalking in the second degree as defined in section 120.55 of the penal law, stalking in the third degree as defined in section 120.50 of the penal law or stalking in the fourth degree as defined in section 120.45 of such law; (b) the court shall where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlawfully against the person or persons for whose protection the temporary order of protection is issued, suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed; and (c) the court shall where the defendant willfully refuses to surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of this subdivision, or may for other good cause shown, order the immediate seizure of such firearm, rifle or shotgun, and search therefor, pursuant to an order issued in accordance with article six hundred ninety of the criminal procedure law, consistent with such rights as the defendant may derive from this article or the constitution of this state or the United States. Subdivision 2: 2. Revocation or suspension of firearms license and ineligibility for such a license upon the issuance of an order of protection. Whenever an order of protection is issued pursuant to section eight hundred forty-one of this part, or pursuant to article four, five, six, seven or ten of this act the court shall inquire of the respondent and, outside of the presence of the respondent, the petitioner or, if the petitioner is not the protected party, any party protected by such order, if the court has reason to believe that such petitioner or protected party would have actual knowledge or reason to know such information, as to the existence and location of any firearm, rifle or shotgun owned or possessed by the respondent and: (a) the court shall revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed where the court finds that the conduct which resulted in the issuance of the order of protection involved (i) the infliction of physical injury, as defined in subdivision nine of section 10.00 of the penal law, (ii) the use or threatened use of a deadly weapon or dangerous instrument as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, or (iii) behavior constituting any violent felony offense as defined in section 70.02 of the penal law; (b) the court shall, where the court finds a substantial risk that the respondent may use or threaten to use a firearm, rifle or shotgun unlawfully against the person or persons for whose protection the order of protection is issued, (i) revoke any such existing license possessed by the respondent, order the respondent ineligible for such a license and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed or (ii) suspend or continue to suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, of any or all firearms, rifles and shotguns owned or possessed; and (c) the court shall where the defendant willfully refuses to surrender such firearm, rifle or shotgun pursuant to paragraphs (a) and (b) of this subdivision, or may for other good cause shown, order the immediate seizure of such firearm, rifle or shotgun, and search therefor, pursuant to an order issued in accordance with article six hundred ninety of the criminal procedure law, consistent with such rights as the defendant may derive from this article or the constitution of this state or the United States. Subdivision 4: 4. Suspension. Any suspension order issued pursuant to this section shall remain in effect for the duration of the temporary order of protection or order of protection, unless modified or vacated by the court. Subdivision 5: 5. Surrender. (a) Where an order to surrender one or more firearms, rifles or shotguns has been issued, the temporary order of protection or order of protection shall specify the place where such weapons shall be surrendered, shall specify a date and time by which the surrender shall be completed and, to the extent possible, shall describe such weapons to be surrendered and shall direct the authority receiving such surrendered weapons to immediately notify the court of such surrender. (b) The prompt surrender of one or more firearms, rifles or shotguns pursuant to a court order issued pursuant this section shall be considered a voluntary surrender for purposes of subparagraph (f) of paragraph one of subdivision a of section 265.20 of the penal law. The disposition of any such weapons shall be in accordance with the provisions of subdivision six of section 400.05 of the penal law; provided, however that upon the termination of any suspension order issued pursuant to this section, any court of record exercising criminal jurisdiction may order the return of a firearm, rifle or shotgun pursuant to paragraph b of subdivision five of section 530.14 of the criminal procedure law. (c) The provisions of this section shall not be deemed to limit, restrict or otherwise impair the authority of the court to order and direct the surrender of any or all pistols, revolvers, rifles, shotguns or other firearms owned or possessed by a respondent pursuant to this act.
▸ See how this compares — all 50 states, side by side
What it costs
Fees
The quoted sentence is from the New York State Unified Court System's own page on filing a family offense petition, which is the petition that asks the Family Court for an order of protection. We looked for a section of the Family Court Act saying in terms that no fee is charged and did not find one on the pages we read, so the statement rests on the court system's own published guidance rather than on statutory text. Nothing in the sources we read makes a person seeking protection pay for the order, for service, or for registration. In a criminal case there is no filing by the protected person at all, because the order is made inside the prosecution.
Family Court Act art. 8 (Family Offense Proceedings), esp. section 812 (Procedures for family offense proceedings), section 821 (Originating proceeding), section 828 (Temporary order of protection; temporary orders for child support and spousal maintenance), section 832 (Definition of "fact-finding hearing"), section 842 (Order of protection), section 842-a (Suspension and revocation of firearms licenses; surrender of firearms), section 846-a (Powers on failure to obey order); Criminal Procedure Law section 530.12 (Protection for victims of family offenses) and section 530.13 (Protection of victims of crimes, other than family offenses); Domestic Relations Law section 240(3) (Order of protection); Penal Law section 215.51 (Criminal contempt in the first degree) — feesIt is free to file.
If they break it
What a violation is, and what it carries
Family Court Act art. 8 (Family Offense Proceedings), esp. section 812 (Procedures for family offense proceedings), section 821 (Originating proceeding), section 828 (Temporary order of protection; temporary orders for child support and spousal maintenance), section 832 (Definition of "fact-finding hearing"), section 842 (Order of protection), section 842-a (Suspension and revocation of firearms licenses; surrender of firearms), section 846-a (Powers on failure to obey order); Criminal Procedure Law section 530.12 (Protection for victims of family offenses) and section 530.13 (Protection of victims of crimes, other than family offenses); Domestic Relations Law section 240(3) (Order of protection); Penal Law section 215.51 (Criminal contempt in the first degree) — violationFamily Court Act section 846-a (Powers on failure to obey order): If a respondent is brought before the court for failure to obey any lawful order issued under this article or an order of protection or temporary order of protection issued pursuant to this act or issued by a court of competent jurisdiction of another state, territorial or tribal jurisdiction and if, after hearing, the court is satisfied by competent proof that the respondent has willfully failed to obey any such order, the court may modify an existing order or temporary order of protection to add reasonable conditions of behavior to the existing order, make a new order of protection in accordance with section eight hundred forty-two of this part, may order the forfeiture of bail in a manner consistent with article five hundred forty of the criminal procedure law if bail has been ordered pursuant to this act, may order the respondent to pay the petitioner's reasonable and necessary counsel fees in connection with the violation petition where the court finds that the violation of its order was willful, and may commit the respondent to jail for a term not to exceed six months. Such commitment may be served upon certain specified days or parts of days as the court may direct, and the court may, at any time within the term of such sentence, revoke such suspension and commit the respondent for the remainder of the original sentence, or suspend the remainder of such sentence. If the court determines that the willful failure to obey such order involves violent behavior constituting the crimes of menacing, reckless endangerment, assault or attempted assault and if such a respondent is licensed to carry, possess, repair and dispose of firearms pursuant to section 400.00 of the penal law, the court may also immediately revoke such license and may arrange for the immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, and disposal of any firearm such respondent owns or possesses. If the willful failure to obey such order involves the infliction of physical injury as defined in subdivision nine of section 10.00 of the penal law or the use or threatened use of a deadly weapon or dangerous instrument, as those terms are defined in subdivisions twelve and thirteen of section 10.00 of the penal law, such revocation and immediate surrender pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law six and disposal of any firearm owned or possessed by respondent shall be mandatory, pursuant to subdivision eleven of section 400.00 of the penal law. Penal Law section 215.51, Criminal contempt in the first degree, subdivision (b): (b) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he or she: (i) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm or by means of a threat or threats; or (ii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time; or (iii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death when he or she communicates or causes a communication to be initiated with such person by mechanical or electronic means or otherwise, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication; or (iv) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, repeatedly makes telephone calls to such person, whether or not a conversation ensues, with no purpose of legitimate communication; or (v) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same; or (vi) by physical menace, intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of death, imminent serious physical injury or physical injury. Criminal contempt in the first degree is a class E felony.
Worth knowing about New York
Six things about New York that summaries often blur.
First, the three courts are not alternatives that do the same thing. Family Court Act section 812(1) gives the Family Court and the criminal courts concurrent jurisdiction over the same family offenses, and section 828(1)(b) requires the court, on the filing of a petition or as soon as the petitioner appears, to advise the petitioner "of the right to proceed in both the family and criminal courts". A person can pursue both at once. The Supreme Court order under Domestic Relations Law section 240 is different again: it exists only because a divorce, custody or visitation case is already running there, and it can be made "in assistance or as a condition of any other order made under this section".
Second, the maximum terms differ sharply by court. Family Court: two years ordinarily, five years only on a recorded finding of aggravating circumstances or of conduct violating a valid order. Criminal court on sentencing: up to eight years for a felony, five for a class A misdemeanour, two for anything else, measured from sentencing or from the expiry of the sentence, whichever is greater, with longer terms for certain sexual-assault probation sentences. Supreme Court under section 240(3): no stated maximum in years, and the order "may remain in effect after entry of a final matrimonial judgment and during the minority of any child whose custody or visitation is the subject of a provision of a final judgment or any order."
Third, the legislature's own page for Criminal Procedure Law section 530.12 displays two versions of the duration rules: one shown as effective until September 1, 2027, and a shorter-term version shown as effective September 1, 2027, under which a felony order would not exceed five years from sentencing or three years from expiry of the sentence, a class A misdemeanour order three years, and any other offense one year. Anyone relying on the eight-year figure should check which version is in force on the day they need it.
Fourth, the relationship categories go further than most people expect. Paragraph (e) of section 812(1) covers people who are or have been in an intimate relationship whether or not they ever lived together and whether or not the relationship was sexual, and paragraph (f) reaches relatives of people in such a relationship.
Fifth, section 842 ends with a sentence that matters to anyone who has been told they can be arrested on their own order: "The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor nor may such protected party be arrested for violating such order."
Sixth, section 828(2) states flatly that "A temporary order of protection is not a finding of wrongdoing", and section 842 provides that "The fact that abuse has not occurred during the pendency of an order shall not, in itself, constitute sufficient ground for denying or failing to extend the order" and that the length of a temporary order is not by itself a factor in setting the length of a final one.
The part that is the same in every state
An order from one state works in all of them
This is federal law and it does not change at a state line. An order issued by one state, tribe or territory must be enforced by every other as if that state had issued it. And you do not have to register it in the new state first — registration is optional, not a precondition to enforcement.
18 U.S.C. s. 2265(a)Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State or tribe.
18 U.S.C. s. 2265(d)(2)Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.
The same section also says the enforcing state must not tell the restrained person that the order has been registered there unless the protected person asks it to, and must not publish anything online that would be likely to reveal the protected person’s identity or location.
The federal firearms rule needs a hearing first
This is the single most misunderstood point in the whole subject, and it cuts against what most people assume. The federal prohibition at 18 U.S.C. s. 922(g)(8) reaches a person subject to an order only where three things are true: the order was made after a hearing of which they had actual notice and at which they had a chance to take part; it restrains them in relation to an intimate partner or that partner’s child; and it either carries a credible-threat finding or expressly forbids the use of force.
So an emergency or ex parte order does not trigger the federal prohibition on its own — there has been no hearing yet. State law may go further, and many states do, which is why the state rule is set out on this page separately. In United States v. Rahimi (2024) the Supreme Court upheld s. 922(g)(8), holding that “When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”
This rule is narrower than it looks, and the detail matters. Who counts as an “intimate partner” is a defined term that excludes dating partners you never lived with; the two halves of the third condition are not equally settled after Rahimi; and there is a separate federal route based on convictions rather than orders, which does reach dating partners. We set all of it out, quoted from the United States Code, on one page: Guns and protection orders — the federal rule.
How does this state compare? Ten states do nothing at all about firearms on a protection order; fourteen prohibit possession but give the court no way to collect them. All fifty side by side: which states actually take the guns.
You should not be charged for this — in any state
This is settled, and it is worth knowing before you walk into a courthouse. Under 34 U.S.C. s. 10450, a state applying for STOP grant funding must certify to the Attorney General that its "laws, policies, and practices do not require" a victim to bear the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order or a petition for one — nor the costs of filing criminal charges, or of warrants and witness subpoenas. A jurisdiction that does charge has its funds withheld and redistributed to the states that do not.
Every state receives STOP funding and every state has certified compliance. The practical consequence, in the words of the National Center on Protection Orders and Full Faith & Credit, is that victims "should not be required to pay such costs in any state". That covers having the papers served on the other person, which is the charge people are most often asked for.
Two honest qualifications. The provision does not stop a court charging the respondent — many states order costs against them, and that is permitted. And it is a funding condition rather than a direct federal ban, so what a clerk does on a given day can still be wrong. If you are asked to pay a fee for any of the things listed above, you can say that your state has certified under 34 U.S.C. s. 10450 that it does not charge for them. Advocates can also raise it with the National Center on Protection Orders and Full Faith & Credit on 1-800-903-0111, prompt 2.
Where this state’s own statute says so expressly, that is quoted above.
Checked 29 August 2026How we checked this page
Every quotation on this page was read in the source named in the Authority line above, not taken from a summary or another website. On this date we also re-checked every section cited for repeal, renumbering or amendment since 2024 — the sweep that caught North Dakota’s chapter being repealed and replaced, and Nebraska’s moving to an entirely new title.
What we could not do, and would rather say so than paper over:
- Nothing in New York was blocked; the limits here were ours. The Senate’s official law pages for Family Court Act ss. 812, 821, 842 and 846-a, and for Criminal Procedure Law s. 530.12, all opened normally. Our own tool declined to return several of those sections whole, applying a quotation-length limit of its own. They were recovered in shorter passages — section 846-a finally sentence by sentence, all four sentences — and every quotation above is exactly as printed.
- One partial retrieval, disclosed: in Family Court Act s. 821(1) we recovered paragraphs (a), (b) and (c) exactly as printed. The later paragraphs of that subdivision were not retrieved, so this page does not set them out.
- The Legislature’s Legislative Retrieval System could not be opened. It was not needed in the end, because the Legislature’s own law pages carried the same text.
What we cannot promise is that nothing has changed since this date. Quote the words with confidence; check a section number before you put it in a filing. And if anything here does not match what a clerk or judge tells you, the court is right and we are wrong — tell us and we will fix it.
We keep a public record of every time we have got the law wrong on these pages, what caused it, and how long it was live: where we were wrong.
If there are children
What New York presumes about custody, and the emergency jurisdiction that exists when someone has to leave the state.
Know someone in New York staring at this number?
A straight answer about money is more useful than most advice, and it costs nothing to pass along. Nothing here asks for their real name, and nobody finds out they looked.