How To Obtain and Enforce An Order of Protection in New York

This article will provide guidance on How To Obtain and Enforce An Order of Protection in New York. Domestic violence, or family violence, encompasses a wide range of abusive behaviors within relationships. It includes emotional, sexual, social, financial, spiritual, and physical abuse and extends beyond the confines of a home, impacting relationships with family members or intimate partners. It manifests when an abuser exercises control and power over another individual, often necessitating legal intervention to ensure the victim’s safety. Please click here to watch the video on serving orders of protection.

The Role of Orders of Protection

Courts issue Orders of Protection to restrict the actions of someone who poses a threat or has harmed another person. These legal measures are vital in addressing safety concerns, especially in domestic violence scenarios. A judge, upon issuing an Order of Protection, may impose various restrictions on the behavior of the abuser. These can include prohibiting abusive actions, mandating the abuser to vacate shared residences, and forbidding any form of contact with the victim. Orders of Protection may also cover custody, visitation, child support, and reimbursement for expenses incurred due to abuse. Click Here for Frequently Asked Questions About Process Servers!

Issuing an Order of Protection incurs no fees and is valid for one year, requiring renewal if necessary. Violating these orders constitutes a criminal offense, with penalties ranging up to 7 years in jail for proven contempt. Click here for How To Navigate The Process of Orders of Protection

Eligibility for an Order of Protection

Individuals aged seventeen or older who have suffered abuse from a spouse, former spouse, someone they’ve lived with, a stalker, an intimate partner, or the other parent of their child qualify for an Order of Protection. Victims can report abuse to the police or directly approach a police station, leading to potential criminal charges against the perpetrator and the issuance of an Order of Protection during court appearances. Click here for information on How Rush Process Service Can Expedite Your Case.

Victims have the option to pursue Family Court and Criminal orders of protection simultaneously. Filing a family offense petition in Family Court is necessary for seeking an Order of Protection, requiring a defined relationship with the abuser.

Obtaining an Order of Protection

Initiating an Order of Protection involves filing a petition, possibly resulting in a temporary or ex-parte order if the judge deems immediate danger present. This temporary order remains effective until a full hearing determines the necessity of a Full Order of Protection. Nonattendance at this hearing can result in case dismissal or automatic issuance of the order. Click here for Temporary Order of Protection Forms in New York.

Serving an Order of Protection

A third party over 18 years old, not involved in the case, must serve Orders of Protection in New York. If the respondent is present in court, the judge can serve the order directly. Professional process servers or qualified individuals are responsible for serving the order and must file a notarized affidavit of service with the court to ensure the order’s enforcement.


For further assistance with serving legal papers or obtaining more information about Orders of Protection, consider reaching out to professional services equipped to guide and assist throughout the process.


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Simply pick up the phone and call Toll Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle serving your order of protection in New York; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

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