Orders Of Protection
Fam. Ct. Act § 842 — conditions of behavior for up to two years, or five with aggravating circumstances
Two years, or five. A Family Court order of protection sets reasonable conditions of behavior for no more than two years, or up to five years when the court finds on the record aggravating circumstances, or that the conduct violated a valid order of protection. The court may extend it for good cause or with the parties' consent, and the absence of abuse while an order was in effect is not by itself a reason to refuse.
The order may require a party, among other things:
- To stay away from the home, school, business or workplace of the other party or the child, or another place the court names.
- To refrain from committing a family offense, or from harassing, intimidating or threatening the people the order protects.
- To let a named party into the home at a set time to remove personal belongings.
- To pay the protected person's reasonable counsel fees for obtaining or enforcing the order.
- To take part in a batterer's education program.
In a criminal case between family or household members, the criminal court may issue a temporary order of protection along with an order committing the defendant to custody, or as a condition of release, bail or an adjournment in contemplation of dismissal. It may require the defendant to stay away from the home, school, business or workplace of the family or household member or of a designated witness.
The person an order protects cannot be held to violate it, or be arrested for violating it. That rule is in the version of the arrest section in force until September 1, 2027.
Sources for this section (3)
- Fam. Ct. Act § 842 — Order of protection
- CPL § 530.12 — Protection for victims of family offenses
- CPL § 140.10 — Arrest without a warrant; by police officer; when and where authorized
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.