Legal Information: New York

Restraining Orders

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December 31, 2021

Who can file for an extreme risk protection order?

You can file for an extreme risk protection order if the respondent is at risk of using a firearm to harm him/herself or others. Additionally, to file for an extreme risk protection order, you must be:

  • the respondent’s “family or household member;”
  • a police officer;
  • district attorney; 
  • employed at the respondent’s current school, or a school that s/he attended in the past six months, as a “school administrator” or the “school administrator’s employee (designee)” or
  • a physician, psychiatrist, psychologist, registered nurse, licensed clinical social worker, certified clinical nurse specialist, certified nurse practitioner, licensed clinical marriage and family therapist, registered professional nurse, licensed master social worker, or licensed mental health counselor who treated the respondent within the past six months.1

Family or household members include:

1. the respondent’s:

  • current or former spouse;
  • relative by blood or marriage;
  • current or former relationship partner;

2. a person who has a child with the respondent;
3. a person who lives or has lived with the respondent; and
4. any other person who is legally considered a victim of domestic violence by the office of children and family services.2

A school administrator is the school principal or other similar type of school leader.3 A school administrator’s designee includes anyone picked by the school to start a case, including:

  • teachers;
  • guidance counselors;
  • school psychologists;
  • school nurses; and
  • coaches.4

1 NY ​CPLR § 6340(2)
2 NY ​Soc Serv § 459-A(2)
3 NY ​Educ § 1125(6)
4 NY ​CPLR § 6340(2); New York Courts website

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