Restraining Orders

[NY SPECIFIC!!!]

Thank you for reaching out to us. In NY, either you can ask for a limited order of protection or a judge will decide that a limited order of protection is appropriate in your case.  A judge will listen to the facts of your case and decide what kinds of protections s/he believes you need.  If you ask for a limited order of protection, the judge will most likely give you that order, even if s/he believes that you qualify for a stay-away order.

You may also want to check out the information we have on our website about orders of protection in NY.  We have information on the steps to get an order of protection, how long each kind of order of protection will last, and what you can do if the abuser violates an order of protection.

A limited order of protection is a term that generally means that the abuser is order to “not harass, menace, assault, threaten, etc.”   (It might possibly also include a “no contact/communication” clause.)  It is usually called a limited order when it does not include a stay-away provision or an exclusion from the home provision.  If you have a limited order of protection, even though generally the abuser should not do the things the limited order will tell him not to do, the police may take any violation of the order more seriously than if the abuser did the same behavior without an order.  So, for example, if the abuser called and harassed you, the police may take it more seriously if you have an order of protection than if there is no order of protection and he called to harass you and actually arrest him.  Also, at that point you could file a violation petition in court and ask to modify the order to make it a stay-away based on the violation.

You may also want to discuss what kind of order is appropriate for you with a lawyer.  You do not need a lawyer to get an order of protection, but having a lawyer can help, especially if the abuser has one.  A lawyer can also make going to court and filling out the forms easier. You can use our website to find a lawyer in New York.

I also wanted to let you know about our safety planning information.  Safety planning is thinking about what you can do to stay as safe as possible in a situation.  We have information about staying safe in an abusive relationship, when you are ready to leave an abusive relationship, ending an abusive relationship, and safety tips for other specific situations.  A domestic violence organization in New York may also be able to help you create a more personalized safety plan. A local organization may also be able to discuss a limited order of protection with you and could also help you with the court process.