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July 7, 2023Can I violate my own order?
No. A victim who has an order of protection (temporary or final) cannot violate his/her own order or be arrested for violating such order.1
1 NY Fam Ct Act §§ 842, 846(a-1)
Restraining Orders
- Orders of Protection
- Basic information and definitions
- What is the legal definition of domestic violence ("family offenses") in New York?
- What is the legal definition of an "intimate relationship?"
- What types of orders of protection are there? How long can they last?
- Can the abuser's gun be taken away as part of a temporary order of protection?
- What protections can I get in an order of protection?
- Can the abuser's guns be taken away as part of a final order of protection?
- In which county can I file for an order of protection?
- If the abuser lives in a different state, can I still get an order against him/her?
- Who can get an order of protection
- Can I get an order of protection?
- Can I get an order of protection against a same-sex partner?
- How much does it cost to get an order of protection?
- I am a minor. Can I get an order of protection without the help of an adult?
- Can I bring a friend or other person with me for support?
- Do I need to have an attorney?
- Steps for obtaining an order of protection
- After the hearing
- Can the abuser have a gun?
- What should I do when I leave the courthouse?
- Can I modify (change) or extend my order?
- Can I violate my own order?
- What can I do if the abuser violates the order of protection?
- What happens if I move? Is my order still enforceable?
- If I get a protection order, will it show up in an internet search?
- Basic information and definitions
- Extreme Risk Protection Orders (to remove firearms)
- Enforcing Your Out-Of-State Order in New York
- General rules for out-of-state orders
- Registering your out-of-state order in New York
- What is the National Crime Information Center (NCIC) Registry? Who has access to it?
- How do I register my protection order in New York?
- Do I have to register my protection order in New York in order to get it enforced?
- Will the abuser be notified if I register my protection order?
- What if I don't register my protection order? Will it be more difficult to have it enforced?
- Does it cost anything to register my protection order?
- Moving to Another State with an Order of Protection
