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Legal Information: New York

Restraining Orders

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November 9, 2020

How do I get an extreme risk protection order?

The steps to get an extreme risk protection order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms and go to the supreme court in your county.

How will a judge make a decision about whether or not to grant the order?

When deciding whether to grant a temporary or final order, the judge will consider any relevant evidence. The judge may consider if respondent has:

  • made a threat or used violence against him/herself, the petitioner, or another person;
  • violated an order of protection;
  • any pending charge or conviction for a crime that involves the use of a weapon;
  • recklessly used, displayed, or waved a firearm, rifle, or shotgun;
  • any history of violating an extreme risk protection order;
  • recently or regularly abused drugs (controlled substances) or alcohol; or
  • recently gotten a firearm, rifle, shotgun, other deadly weapon or dangerous instrument, or ammunition.1

1 NY ​CPLR §§ 6342(2); 6343(2)

Can I renew an extreme risk protection order?

You can request that the judge renew the extreme risk protection order if you are the petitioner for the original extreme risk protection order. You can file your request anytime within the 60 days before the order is set to expire. The judge may issue a temporary extreme risk protection order until the hearing on your request for a renewal.1 The respondent must be served with a written notice of your request and have a chance to participate in the hearing. If the judge finds that the respondent is still likely to engage in behavior that would cause serious harm to him/herself or others, the judge may renew the order.2

1 NY ​CPLR § 6345(1)
2 NY ​CPLR § 6345(2)