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Important: Even if courts are closed, you can still file for a protection order and other emergency relief. See our FAQ on Courts and COVID-19.
Legal Information: New York
Updated: November 9, 2020
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)
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