WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: New York

Restraining Orders

View all
November 9, 2020

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; or
  • 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)”.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 § 459-A(2)
4 NY ​CPLR § 6340(2); New York Courts website