What is an Order of Protection?
An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address safety issues, including domestic violence. It can be issued for civil, family, and criminal complaints.
What does an order of protection do?
An order of protection can order someone not to injure, threaten or harass you, your family, or any other people listed in the order. For example, it can order someone to:
- have no contact with you, your family, household members, or your children, regardless of their age (see: Melanie’s Law)
- move out of your home
- follow custody orders for shared children
- pay you child support
- not own or have access to guns
An order of protection must be served to the person it is being filed against in order for it to be valid and enforceable.
How Are Orders of Protections Served?
Each jurisdiction has their own method of serving orders. Orders can be served by police, a hired service, or anyone over the age of 18 (other than the protected person). Orders can also be served to the accused person directly in court, if they are present. The court in your jurisdiction can advise you on your options for service.
Different Types of Orders of Protections and Where Can I Get Them?
You can get an order of protection from a Family Court, a court that hears criminal cases, or a Supreme Court. Some jurisdictions also have specific courts for cases involving domestic violence. Some courts may allow you to file motions and attend hearings remotely.
Family Court
Family Court issues orders of protection as part of a civil, non-criminal, case. You start the case by filing a Family Offense Petition.
If you need to file for an order of protection outside of family court business hours, local town and city courts can issue temporary orders for family court. You will still need to go to family court after when it is open.
Criminal Court
A criminal court generally issues a criminal order of protection as a condition of release and/or bail in a criminal case against the accused person. A criminal court order of protection can only be issued against a person who has been charged with a crime. In these cases, the district attorney can request an order of protection for the victim. If the district attorney is not present, for example in arraignments after hours, you may request the arresting officer to request the judge to issue one on your behalf.
Supreme Court
The Supreme Court can issue orders of protection during a divorce case. You ask the court for an order of protection during the divorce case by making a Motion or Order to Show Cause. You can also ask the Judge for an order of protection on your court date. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.
Integrated Domestic Violence Court (IDV)
An IDV court hears cases in their jurisdiction that involve both family and criminal complaints and can issue protective orders as well.
What are the differences between family and criminal orders of protection?
Family Court | Criminal Court |
|---|---|
| The case is between you and the person who did harm, also known as the respondent. | Criminal charges must be filed by the police or District Attorney. The case is between the People of the State of New York and the defendant. The defendant is charged with crimes. |
| Requires a lower level of proof (“preponderance of the evidence”). | Requires a higher level of proof (“beyond a reasonable doubt”). |
| You must be present in court and participate. | The District Attorney may be able to handle the case without you if there is other evidence of the crime. |
| Records are private, but the courtrooms are open to the public. | Records and courtrooms are open to the public. |
| You can decide to stop the case by withdrawing your petition during the case. | You can’t stop the case if you decide you no longer want to continue. Only the District Attorney can withdraw the case. |
| The case can result in a final order of protection that the respondent must follow. | The case can result in a final order of protection. The case can also result in criminal convictions. |
Source: Difference between Criminal and Family Orders of Protection | NY CourtHelp (nycourts.gov)
What Can I Do if My Order of Protection Is Violated?
If your order of protection is violated you, can file a violation with family court, call the police, or contact a local domestic violence advocate to help you through this process safely.
Can a Protected Party Violate Their Own Stay Away Order?
No. You cannot violate your own order by contacting the person you are protected from, and you cannot be arrested for contacting them. The person you are protected from has a legal obligation to not make any contact or communicate with you (NYS Criminal Procedure Law, S. 140.10)
How do I change or get rid an order of protection?
If you want to change or get rid of an order of protection that protects you, we recommend you reach out to a domestic violence advocate to discuss your options. You can file a motion or petition in the court that issued the order of protection asking a Judge to change the terms of the order of protection.
Where can I find domestic violence resources near me?
Follow this link to find specific resources in your location.
What is a Hope Card?
A Hope Card is a portable version and/or summary of an order of protection. Parties with final orders of protection may request and receive, free of cost, a physical Hope Card, a digital Hope Card, or both, which they can carry in their wallet, pocket, or on their cell phone.
A physical Hope Card is a durable, wallet-sized card with a summary of the information on the order of protection and a QR code link to a digital image of the order. A digital Hope Card is a digital image of the order.
Physical Hope Cards are sent to the protected party by mail, while digital Hope Cards are sent to the protected party by email or text message, with a secure link to the digital image.
Hope Cards also enable protected parties to easily share the details of their order of protection with their school, workplace, family, neighbors, law enforcement, or anyone they choose.
How can I get a Hope Card?
A Hope Card request can be made at the New York Courts' Hope Card Website or by filing a Hope Card Request (UCS-HCR1) form with the court clerk’s office at any Criminal, Family, or Supreme court.
Physical Hope Card request forms are available online or at a Criminal, Family, or Supreme Courthouse.
How Long Does It Take To Receive a Hope Card?
Physical Hope Card: If you submit your request by using the online form, your physical Hope Card will be mailed to you within 10 days of receiving your request. If you submit a paper request form at the courthouse, please allow 10 to 30 days to receive your Hope Card.
Digital Hope Card: If you submit your request by using the online form, your digital Hope Card will be sent to you by text or email within 30 minutes of receiving your request. If you submit a paper request form at the courthouse, please allow 10 to 30 days to receive your Hope Card.
Where can I find more information about Hope Cards?
For more information about Hope Cards and who can request them, visit NYCourtHelp and the Hope Card frequently asked questions webpage.
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