Restraining Orders

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)