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Legal Information: New York

Restraining Orders

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November 9, 2020

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)