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Legal Information: New York

Restraining Orders

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Updated: 
May 8, 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