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Legal Information: New York

Restraining Orders

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November 9, 2020

Can I modify (change) or extend my order?

Modifying an order
Once an order is issued, only a judge can change it. If you want to make changes to an order, you must request them from the court that issued the order (which is usually family court). The abuser and the attorney for the child, if there is one, would be notified and a hearing would be held where the judge would decide whether or not to grant the modification.1 Speak with the clerk of court to complete a petition for a modification of your order - you can see the affidavit that you would file in family court on the NY Courts website.

Note: If you need to modify your order when the family court is closed, you might be able to do it at the local criminal court. However, you must prove to the judge that the existing order is insufficient to protect you, your child, or other members of the your family or household - you can see the affidavit that you would file in criminal court on the NY Courts website. The local criminal court can issue an ex parte temporary (modified) order that will last for no longer than 4 days. The order will generally be made returnable to family court on the next day that the family court is in session - and you must file your petition in family court on/before that date for your case to continue.2

Extending an order
You can file to extend an order of protection for “good cause” even if no new incidents of abuse have occurred. It can also be extended if the abuser consents to the extension.3

1 NY Fam Ct Act § 154-c(2)
2 NY Fam Ct Act § 154-d(2)
3 NY Fam Ct Act § 842