Know the Laws: New York
UPDATED October 29, 2012
If you are planning to move to NY or are going to be in NY for any reason, your protection or restraining order can be enforced.
- General rules for out-of-state orders in NY
- Can I get my protection order enforced in New York? What are the requirements?
- Can I have my out-of-state protection order changed, extended, or canceled in NY?
- What can I do if the court that issued my order tells NY that my order has changed or is no longer valid?
- I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in NY?
- Registering your out-of-state order in NY
General rules for out-of-state orders in NY
back to topCan I get my protection order enforced in New York? What are the requirements?
Yes. Your protection order can be enforced in New York as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)** 18 U.S.C. § 2265(a) & (b); NY Fam Ct Act §154-e(1)(b)
back to topCan I have my out-of-state protection order changed, extended, or canceled in NY?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Pennsylvania.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the "How to Get a Restraining Order" page for the state where your order was issued.
If your order does expire while you are living in New York, you may be able to get a new one issued in NY but this may be difficult to do if no new incidents of abuse have occurred in NY. To find out more information on how to get a protective order in New York, visit our NY How to Get an Order of Protection page.
back to topWhat can I do if the court that issued my order tells NY that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in New York cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in NY. You will find information on legal assistance and domestic violence organizations in NY on the NY Where to Find Help page.
back to topI was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in NY?
Yes. As long as the child custody provision complies with certain federal laws,* New York can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here NY Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.