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Legal Information: New York

Restraining Orders

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Updated: 
May 8, 2020

What types of orders are there? How long do they last?

There are two types of extreme risk protection orders: temporary extreme risk protection orders and final extreme risk protection orders.

Temporary extreme risk protection orders: A temporary extreme risk protection order is issued ex parte. Ex parte means that the respondent does not have notice of the case beforehand and is not present for the hearing. If the judge grants a temporary extreme risk protection order, it will remain in effect until the hearing on the final order which must take place within six business days.1 If the judge denies your request for a temporary extreme risk protection order, you can still have a hearing for a final order. The hearing must take place within ten business days after the respondent is served with your application for an extreme risk protection order.2

Final extreme risk protection orders: A final extreme risk protection order is an order issued after the respondent has notice of the case and a chance to participate in a hearing. The judge will hold a hearing that is scheduled to take place between three to six business days from when the respondent is served with the temporary extreme risk protection order. The respondent can request additional time to prepare for the hearing.3 A final extreme risk protection order can last up to one year from the date it was issued. If a temporary order was issued, the judge can make the final order expire one year from the date that the temporary order was issued.4

1 NY ​CPLR § 6342(2)(d)(ii)
2 NY ​CPLR § 6343(1)
3 NY ​CPLR § 6343(1)
4 NY ​CPLR § 6343(3)(c)