Domestic Violence Restraining Orders in New York

## Two Paths to Protection

New York domestic-violence cases can produce orders of protection through Family Court, criminal court, or both. The forums serve different purposes. A proceeding under **Article 8 of the Family Court Act** is civil and is started by a family-offense petition. A criminal order may be issued under **Criminal Procedure Law Section 530.12** after an arrest and prosecution.

Family Court jurisdiction depends on the parties’ relationship. It generally covers spouses, former spouses, people related by blood or marriage, people who share a child, and people in an intimate relationship. Whether a relationship is “intimate” depends on its nature and frequency, not merely sexual contact or cohabitation.

## Family-Offense Proceedings

A petitioner identifies conduct constituting a statutory family offense, such as harassment, menacing, assault, stalking, strangulation, or criminal mischief. Family Court may issue a **temporary order of protection** before a full fact-finding hearing when allegations show good cause.

At the hearing, the petitioner bears the civil burden of proof. Evidence may include:

- Photographs of injuries or property damage; - Medical records and police reports; - Text messages, emails, recordings, and call logs; - Witness testimony; and - A clear chronology of threats and incidents.

Hearsay and authentication issues can affect admissibility, so preserving original files and identifying witnesses early is important. A petitioner need not wait for severe physical injury if qualifying threats, stalking, or other offenses occurred.

## Criminal Orders Under Section 530.12

When criminal charges involve family or household members, the criminal court may issue an order under CPL 530.12. The prosecutor controls the criminal case, while the protected person is a witness rather than a party. A criminal order can continue while charges are pending and may be included in a sentence.

Parallel Family Court and criminal orders must be reviewed together. Their terms can differ, and compliance with one does not excuse violating the other. Only a court can change an order; the protected person cannot privately authorize conduct prohibited by its terms.

## Full and Limited Orders

A **full order of protection** typically requires the respondent or defendant to stay away from the protected person, home, workplace, school, and sometimes children. It may prohibit all communication. A **limited order** may allow contact but prohibit assault, threats, harassment, stalking, intimidation, weapons possession, or other specified conduct.

Courts may also address temporary custody, visitation, child support, residence exclusion, firearm surrender, and retrieval of personal belongings. The correct scope depends on safety risks and practical needs. Ambiguous terms should be clarified on the record.

## Enforcement and Safety Planning

Violating an order can lead to arrest and criminal contempt charges. A protected person should keep a copy available and confirm that schools, childcare providers, or employers understand relevant provisions. Interstate enforcement is generally supported by federal full-faith-and-credit rules when the issuing court had jurisdiction and afforded due process.

An order is one part of a broader plan. Olivia Kamau, Esq. encourages survivors to consider secure communications, changed passwords, emergency contacts, transportation, important documents, medication, and a safe destination. Technology-facilitated stalking may require checking account access, shared devices, location services, and cloud backups. Immediate danger warrants contacting emergency services; legal planning should be tailored to the survivor’s circumstances.