Contact Law Enforcement and Public Safety Bureau
Office for the Prevention of Domestic Violence
Alfred E. Smith State Office Building
80 S Swan St, Albany, NY 12210
(518) 457-5800
[email protected]
Courts and Orders of Protection
There are two main courts that are relevant in cases that involve gender-based violence. They are criminal court and family court. Criminal court is for the purpose of prosecuting criminal charges, while family court is a civil court meant to disrupt family violence. Criminal charges are not needed to attend family court. Both courts can issue order of protections.
Extreme Risk Protection Order (ERPO)
What is an Extreme Risk Protection Order?
An Extreme Risk Protection Order (ERPO) is a court order issued when a person may be dangerous to themselves or others. An ERPO prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess. An ERPO can also direct the police to search a person, premises or a vehicle for guns and remove them. An ERPO is a civil court order, not a criminal court order.
Who can file an ERPO?
In July 2022, Governor Hochul signed a law expanding the list of who is eligible to file for an ERPO. An ERPO case may be started by a law enforcement agency, police officer, district attorney, school official, health care professional, or member of the person’s family or household.
You can request to have your information kept confidential when filing if you believe it would put you in danger to have it be known by the person you are filing the ERPO for.
How does someone file for an ERPO?
Complete an Application for a Temporary Extreme Risk Protection Order, and print it to file with the court. Use the fillable online ERPO application form to create your ERPO application and print it, or you can print it out and fill it out by hand.
Gather and attach any supporting documents to your application.
Supporting documents are not required, but if you have documents that will help the judge decide if an ERPO should be issued, you should attach them to your application. You can request to have these documents kept confidential.Complete a Request for Judicial Intervention (RJI) form and print it to file with the court. Use the fillable online RJI form, and complete the form fields as shown in the following Sample.
Bring the completed ERPO application, RJI form, and any supporting documents from Steps 1-3 to the Supreme Court in the county where the respondent lives and file the papers with the court.
You can find the court you need here: Court Locator search
After bringing all of the forms to the court, the clerk will take your papers, assign an index number to the case, and bring your papers to the judge.
The judge will decide if a temporary ERPO (TERPO) will be issued on the same day that you file the papers. If the judge issues a TERPO, a police officer will bring a copy to the respondent and remove any guns that the respondent owns or possesses.
If a TERPO is granted, a hearing must be scheduled within 3-10 days for the judge to decide if a final ERPO will be issued. The court will notify both you and the respondent of the hearing date. The respondent may request a later date by notifying the court.
At the hearing, both sides can testify, call witnesses and give evidence to support their side of the story.
The judge will decide if a final ERPO will be issued. A final ERPO can be issued for up to one year. If the judge does not issue a final ERPO, the case is closed.
Factors courts consider when issuing an ERPO:
- A threat or act of violence or use of physical force directed toward self, the petitioner, or another person;
- a violation or alleged violation of an order of protection;
- any pending charge or conviction for an offense involving the use of a weapon;
- the reckless use, display or brandishing of a firearm, rifle or shotgun;
- any history of a violation of an extreme risk protection order;
- evidence of recent or ongoing abuse of controlled substances or alcohol;
- evidence of recent acquisition of a firearm, rifle, shotgun or other deadly weapon or dangerous instrument, or any ammunition therefor; or
- evidence of recent acts of aggravated cruelty to animals as defined in section 353-a of the agriculture and markets law.
In considering the factors under this subdivision, the court shall consider the time that has elapsed since the occurrence of such act or acts and the age of the person at the time of the occurrence of such act or acts. For the purposes of this subdivision, “recent” means within the six months prior to the date the petition was filed.
What if there is an emergency and the Supreme Court is closed?
The Supreme Court is normally open Monday through Friday from 9:00 AM to 5:00 PM. The court is closed at night and on weekends and court holidays. If your application is an emergency and you must file it outside of normal business hours, please follow the appropriate procedure based upon the county where you are filing your application:
If you have an off-hours emergency application in Bronx, Kings (Brooklyn), New York (Manhattan), or Queens, go to the Criminal Court in that borough and a judge will hear your emergency application during the following hours:
Weeknights: (Mon–Fri) 5:00 PM to 1:00 AM
Weekends: (Sat–Sun) and Court Holidays: 9:00 AM to 1:00 AMIf you have an off-hours emergency application in any county outside New York City or in Richmond County (Staten Island), use the following phone number or email address to reach a Supreme Court judge to hear your emergency application when the Supreme Court is closed: 1-800-430-8457 or [email protected]
Can I renew my ERPO before it expires?
Within 60 days before a final ERPO expires, the petitioner can file an Application for Renewal of Extreme Risk Protection Order with the court. To make an application to renew the ERPO, complete and print the fillable online application form (online or by hand) and file it with the court.
The respondent will be served with a copy of the renewal application. The court must schedule and hold a hearing. The court notifies both you and the respondent of the hearing date. At the hearing, both sides can testify, call witnesses and give evidence to support their side of the story. Then, the judge will decide if the ERPO will be renewed. The ERPO can be renewed for up to one year. If the judge does not renew the ERPO, the case is closed.
Will the respondent get their guns back after an ERPO expires?
When a final ERPO expires and it is not renewed, the respondent can apply to have any guns that were surrendered to or removed by the police returned. If you object to them getting their guns back, the court must schedule and hold a hearing. At the hearing, both parties can testify, call witnesses and give evidence to support their case. Then, the court will decide if the guns should be returned to them.
ERPO Training and Technical Assistance Program
OPDV has partnered with the Battered Women Justice Program to develop a training curriculum for and provide technical assistance to domestic and gender-based violence service providers across the state to help potential non-legal ERPO petitioners identify extreme risk behaviors and navigate the court process. Please contact [email protected] for more information on how to sponsor or attend a presentation.
Lethality Risk Factors
Lethality risk factors help to determine the risk a victim of abuse has of being killed by her intimate partner. These risk factors come from Dr. Jacquelyn Campbell, an intimate partner violence and domestic violence researcher, and inventor of the Danger Assessment. Several of these factors are part of the NYS Domestic Incident Report that is completed by Law Enforcement. It is important that if someone answers yes to any one of the lethality questions, that they contact their local domestic violence advocate to get a complete lethality assessment completed. Some of the lethality questions are:
- Have they ever used a weapon against you or threatened you with a weapon?
- Have they ever threatened to kill you, your children, or your pets?
- Do you believe they will try to kill you or have they ever tried to kill you?
- Have they ever strangled or choked you or attempted to?
- Are they violently or constantly jealous, or do they control most of your daily activities?
- Do they follow or spy on you or leave threatening messages?
- Is there anything else that worries you about your safety? If so, what?
Technology and Gender-Based Violence
The New York State Office for the Prevention of Domestic Violence is working to protect New Yorkers and address the growing risks of technology abuse within current and former intimate relationships through multiple initiatives.
OPDV, in partnership with Sanctuary for Families, was awarded a federal OVW grant focused on the enforcement and response to cybercrimes and technology abuse in NYS. Through this grant, OPDV and Sanctuary for Families will develop training and educational materials for law enforcement, prosecutors, judges, and law enforcement telecommunicators on how to respond to and technology-facilitated domestic and gender-based violence in NYS.
In 2024, Governor Hochul awarded funds to OPDV to safeguard youth from digital risks and dangers online, including teen dating abuse. OPDV has launched a public awareness campaign, Power Down Speak Up, to educate the public on this issue. OPDV plans to develop training and educational materials to help inform and protect the public from growing online risks for youth.
In addition to the work above, OPDV has developed training for service providers, community-based organizations, and others on technology-facilitated gender-based violence, covering the basics of technology abuse, sextortion, deepfakes, and AI. OPDV continues to stay up-to-date on new risks to proactively fight against abuse in New York State. Please contact OPDV's Law Enforcement and Public Safety Bureau at [email protected] to learn how you can host a training.
Law Enforcement Domestic Incident Model Policy
The Law Enforcement Domestic Incident Model Policy was developed to provide law enforcement agencies with guidance to assist them in developing their own policy and training. The use of this policy is not mandatory. The Law Enforcement Domestic Incident Model Policy outlines trauma-informed and survivor-centered best practices and procedures for police officers and supervisors to follow in response to domestic incidents. The goal is to promote safety for victims and officers, connect individuals to services and support, and enforce orders of protection. The Municipal Police Training Council (MPTC) approved the model policy in September 2023 and was created with partnership between the New York State Division of Criminal Justice Services (DCJS), Empire Justice Center, Law Enforcement Training Director’s Association of New York State, New York City Police Department, New York State Association of Chiefs of Police, New York State Sheriff’s Association, and New York State Police, and the New York State Office for the Prevention of Domestic Violence (OPDV).
Domestic Violence Common Criminal Offenses
Victims of family offenses have the option of bringing a criminal case, or a family court case, or doing both. The following are family offenses when they occur between members of the same family or household as defined in CPL § 530.11 and FCA § 812:
Aggravated Harassment in the 2nd Degree (PL § 240.30, A Misdemeanor)
Assault in the 2nd Degree (PL § 120.05, D Felony)
Assault in the 3rd Degree (PL §120.00, A Misdemeanor)
Attempted Assault 2nd (PL § 110.00/120.05 - Class E felony)
Attempted Assault 3rd (PL § 110.00/120.00 - Class B misdemeanor)
Coercion 2nd (PL §135.61 - Class E felony)
Coercion 3rd, subs. 1, 2, and 3 (PL § 135.60 - Class A misdemeanor)
Criminal mischief 1st (PL§ 145.12 -Class B felony)
Criminal mischief 2nd (PL § 145.10 -Class D felony)
Criminal mischief 3rd (PL § 145.05 - Class E felony)
Criminal mischief 4th (PL § 145.00 - Class A misdemeanor)
Criminal obstruction of breathing or blood circulation (PL §121.11 - Class A misd)
Disorderly conduct (PL § 240.20 -Violation)
Forcible touching (PL § 130.52- Class A misdemeanor)
Grand larceny 3rd (PL § 155.35 -Class D felony)
Grand larceny 4th (PL § 155.30 -Class E felony)
Harassment in the 1st Degree (PL § 240.25, B Misdemeanor)
Harassment in the 2nd Degree (PL § 240.26, Violation)
Identity Theft in the 1st Degree (PL § 190.80, D Felony)
Identity Theft in the 2nd Degree (PL § 190.79, E Felony)
Identity Theft in the 3rd Degree (PL § 190.78, A Misdemeanor)
Menacing in the 2nd Degree (PL § 120.14, A Misdemeanor)
Menacing in the 3rd Degree (PL § 120.15, B Misdemeanor)
Reckless Endangerment in the 1st Degree (PL § 120.25, D Felony)
Reckless Endangerment in the 2nd Degree (PL § 120.20, A Misdemeanor)
Sexual Abuse in the 2nd Degree (PL § 130.60(1), A Misdemeanor)
Sexual Abuse in the 3rd Degree (PL § 130.55, B Misdemeanor)
Sexual Misconduct (PL §130.20, A Misdemeanor)
Stalking in the 1st Degree (PL § 120.60, D Felony)
Stalking in the 2nd Degree (PL § 120.55, E Felony)
Stalking in the 3rd Degree (PL § 120.50, A Misdemeanor)
Stalking in the 4th Degree (PL § 120.45, B Misdemeanor)
Strangulation in the 1st Degree (PL § 121.13, C Felony)
Strangulation in the 2nd Degree (PL § 121.12, D Felony)
Unlawful dissemination or publication of an intimate image (PL § 245.15 - Class A Misdemeanor)
Training Resources for Law Enforcement and Public Safety Professionals
The New York State Office for the Prevention of Domestic Violence is committed to using training and technical assistance to promote positive change in institutional responses to domestic violence. We offer a wide variety of trainings that can be tailored to fit specific audiences or needs on various topics and intersecting issues for professionals and the community. These trainings range from introductory courses designed to cover the basics, like Domestic Violence 101, to more advanced and specific topics, like Domestic Violence and Mental Health. To schedule a training with us, please email [email protected] with the subject line “Training Request.” Please also include the topic you would like us to teach, and we will work with you to set up a training session.
Domestic and Sexual Violence Service Providers by County
New York State Gender-Based Violence Dashboard
The annual New York State Gender-Based Violence Dashboard (previously Domestic Violence Dashboard) details trends and key indicators related to the prevalence of, and response to, gender-based violence within the state. The Dashboard aims to inform policy and practice by providing information from a range of systems about the availability of resources and programs statewide.
Please refer to the Domestic Violence Dashboard Guide for an overview of the Dashboard and a summary of data points added by year. Please email [email protected] to obtain Dashboards from previous years.
Past year's dashboards:
New York State Gender-Based Violence Dashboard 2023 (webpage)
New York State Gender-Based Violence Dashboard 2022 (webpage)
New York State Gender-Based Violence Dashboard 2021 (webpage)
County Profiles
Detailed data around gender-based violence for each New York State county.
Gender-Based Violence Regional Councils (GBVRCs)
In 2020, the Office for the Prevention of Domestic Violence (OPDV) launched the Gender-Based Violence Regional Councils (GBVRC) initiative, formally known as the Domestic Violence Regional Councils (DVRC) initiative. In order to make informed policy decisions that best serve survivors in New York, the State must understand what is happening across all systems that intersect with victims of domestic violence/gender-based violence and how those systems work together. The Gender-Based Violence Regional Councils serve as a forum for fostering this understanding. The ultimate goal of the GBVRCs is a collaborative reimagining of a more survivor-centered, trauma-informed, and culturally responsive domestic violence service delivery system. To actualize this reimagining, OPDV seeks input from all systems in the field to better understand what statewide policies and programs need to be developed, what statutory changes might be needed, and what regulations are standing in the way. The information gained from all ten regional meetings is compiled on an ongoing basis and presented to the NYS Domestic Violence Advisory Council for their consideration when making policy and programmatic recommendations, as well as a potential basis for new interagency collaborations. Regional Council meeting topics may include, but are not limited to: challenges occurring across systems, opportunities for increased collaboration, upcoming funding opportunities, or any other "of-the-moment" issues impacting survivors in the region.