How to Obtain a Non-Offensive Order of Protection in New York


An order of protection is a court order that provides a defense against abuse. In New York State, there are two different types of protection orders. One is a non-offensive order of protection that would allow your partner or family member to live with you but they are not allowed to harass, threaten or harm you. There are domestic violence agencies in New York that will help you get a non-offensive order of protection. You also can talk to a domestic violence advocate at most courts in New York for assistance.

  • Determine where you want to file your order of protection. In New York State you can file the order of protection in criminal court if there are already charges against the person you want protection from. You also can file the order of protection in family court as a civil matter.

  • Visit the local family court in your New York county if there are no charges pending against the offender. Bring your identification and any police reports or other evidence of the abuse.

  • Complete the "Family Offense Petition." The clerk of the court will provide the form to you. Fill it out completely and add as much detail about the abuse as possible. Make sure that the form is for a non-offensive order of protection.

  • Bring the completed form back to the clerk at the court. Wait to sign the document because you may need to sign in front of a notary. There are no fees to file the order of protection in New York state.

  • Wait for a decision. The clerk will bring the non-offensive order of protection to a judge to review. The judge may issue a temporary order of protection which will protect you until the court hearing.

  • Follow the court's instructions. The clerk will provide you with the hearing date and will inform you how to serve the non-offensive order of protection. The non-offensive order of protection does not take effect until it has been served on the offender by someone other than you. You can have the local police department or sheriff's office serve the protection order and court summons.

  • Complete the affidavit. Whoever serves the order of protection must complete an affidavit that the offender has been served. Bring the completed affidavit with you to your hearing.

  • Attend all scheduled court dates. Explain to the judge during your hearing why you feel you need a non-offensive order of protection. The judge will make a decision based on your testimony and the testimony of the offender. The judge may schedule another hearing or trial in order to make a decision.

Tips & Warnings

  • Consult with an attorney or contact legal aid in your area in order to increase your chances of receiving a non-offensive order of protection.


  • Photo Credit Stockbyte/Stockbyte/Getty Images
Promoted By Zergnet


You May Also Like

Related Searches

Read Article

Are You Really Getting A Deal From Discount Stores?

Is DIY in your DNA? Become part of our maker community.
Submit Your Work!