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 various types of safety issues, including, but not limited to situations involving domestic violence. Family Courts, Supreme Courts, and Criminal Courts all have the power to issue orders of protection, in varying degrees.

An order of protection may direct the offending person not to injure, threaten or harass you, your family, or any other person(s) listed in the order. It may include, but is not limited to, directing him/her to:
·       stay away from you and your children
·       move out of your home
·       follow custody orders
·       pay child support
·       not have a gun

Family Court Orders of Protection
Family Court requires that a person seeking an Order of Protection file a Family Offense Petition. The person filing the petition is called the “petitioner,” and the person the petition is filed against is called the “respondent.” To obtain an order of protection issued by the Family Court, your relationship to the other person must fall into one of the following categories:
·       Current or former spouse
·       Someone with whom you have a child in common
·       A family member to whom you are related by blood or marriage
·       Someone with whom you have or have had an “intimate relationship.” An intimate relationship does not have to be a sexual relationship. A relationship may be considered intimate depending on factors such as how often you see each other, or how long you have known each other. After a petition is filed, the court will decide if it is an intimate relationship.

Supreme Court Orders of Protection
Orders of Protection issued by the Supreme Court can be issued as part of an ongoing divorce proceeding.
If you have an ongoing divorce case and would like to request an order of protection, you may do so by making a written request by Motion or Order to Show Cause; or you may make an oral request at a court appearance. If you are represented by an attorney, your attorney may make the written or oral request for you. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.

Criminal Court Orders of Protection
​The person charged with abuse is called a “defendant.” The victim of abuse is called the “complaining witness.” Orders of Protection issued by Criminal Court are often issued as a condition of a defendant’s release and/or bail in a criminal case. A criminal court order of protection may only be issued against a person who has been charged with a crime. Criminal cases are prosecuted for the State of New York by the district attorney. Although the district attorney may start a criminal case before a person is arrested, a criminal case usually begins with a person’s arrest.  There does not need to be a relationship between the complaining witness and the defendant.
In a criminal case, the district attorney requests an order of protection for the victim or complaining witness. The judge decides whether to issue the order of protection and what terms and conditions will be included in the order.