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Legal Information: New York

Restraining Orders

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November 9, 2020

In which county can I file for an order of protection?

You can file a petition in the county where the abuse took place, in the county where you live, or in the county where the abuser lives.1 However, if you live in NY state but the abuser lives out of state, at least one of the abusive acts that you allege in your petition must have taken place in NY state for the court to be able to grant you an order of protection.2 If the abuser threatens you on the phone, through texts or emails, these acts could be considered to have “taken place” in NY state if you receive the phone calls, texts or emails in NY.

1 NY Fam Ct Act § 818
2 NY Fam Ct Act §154(c)(1)