US-New YorkCan I get an order of protection against a family member in New York?
Yes, you can get an order of protection against a family member in New York if they are a qualifying 'family or household member' and you meet the legal criteria for abuse or harassment.
What the Law Says
New York law allows victims of domestic violence, harassment, or stalking by certain family or household members to seek orders of protection through Family Court or criminal court.
Under New York Family Court Act § 812, a family or household member includes spouses, former spouses, parents, children, persons related by blood or marriage, persons who have a child in common (even if never married), and persons who currently or formerly lived together in an intimate relationship. This definition determines who can be subject to a family court order of protection.
To obtain an order, you must show that the respondent committed a family offense — such as assault, harassment, stalking, or menacing — as defined in Family Court Act § 812(1) and Penal Law §§ 120.00–120.14, 240.25–240.32, or 265.01. The court may issue a temporary order immediately and a final order after a hearing.
Orders can be issued in Family Court (civil) or Criminal Court (if charges are filed). Civil orders last up to one year (renewable); criminal orders may last up to two years (or five years for felony convictions). There is no filing fee for family offense petitions.
Statutory Text‘Family or household members’ means (a) persons related by consanguinity or affinity; (b) persons legally married to one another; (c) persons formerly married to one another; (d) persons who have a child in common, regardless of whether they have been married or have lived together at any time; and (e) persons who are not related by consanguinity or affinity and who are, or were, in an intimate relationship.
— Family Court Act § 812(1) — Definition of family or household member
Statutory TextA family offense means an act which would constitute disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, assault, attempted assault or strangulation…
— Family Court Act § 812(1)(a) — Definition of family offense
What Courts Have Said
New York courts have clarified who qualifies as a family or household member and how evidence is weighed in family offense proceedings.
The court held that dating history alone — without cohabitation or shared children — does not establish a family or household relationship under FCA § 812 unless there is proof of an intimate relationship with emotional/financial interdependence.
Affirmed that a temporary order of protection may issue based on sworn allegations alone, even without corroboration, where the petition demonstrates a prima facie case of a family offense.
What to Do
Go to your local Family Court (or call 311 for nearest location) and file a free Family Offense Petition (Form FC-100). Bring ID, names/dates of birth of all parties, and details of incidents.
Request a temporary order of protection at filing — judges often grant it the same day if facts suggest immediate danger.
Attend the scheduled hearing (usually within 5–10 days); bring witnesses, photos, texts, police reports, or medical records.
If the judge finds a family offense occurred, they’ll issue a final order — enforceable statewide by police — lasting up to 1 year (renewable).
If the respondent violates the order, call 911 immediately: violation is a crime (Penal Law § 215.50) and may lead to arrest.
Sources
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JapanNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.