Legal Information: New York

Restraining Orders

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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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