Order Of Protection For Harassment In New York | SRIS, P.C.
Order Of Protection For Harassment In New York — How to File in Manhattan
An Order Of Protection For Harassment In New York is a court order to stop threatening or unwanted contact. In New York County (Manhattan), you can file in Family Court under the Family Court Act or in Criminal Court if harassment is a crime. Law Offices Of SRIS, P.C. provides immediate legal guidance to secure this protection. Call (888) 437-7747 for a 24/7 consultation.
What Is an Order of Protection Against Harassment?
An Order of Protection, often called a restraining order, is a legal command issued by a judge to protect someone from harassment, threats, or violence. In New York, harassment is specifically defined under the Penal Law and can form the basis for this order. The legal grounds are found in New York Family Court Act Article 8 for family offenses and New York Penal Law § 240.25 et seq. for criminal harassment.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of the law, review the New York Family Court Act (official NY Senate site). For court forms and procedures, visit the New York State Unified Court System website.
Getting an Order of Protection in Manhattan: Key Steps
In Manhattan, the process starts at the New York County Family Court at 60 Centre Street for cases involving family or household members. For non-family harassment, you may need to file a criminal complaint. The court will consider the pattern of behavior, including repeated unwanted communication or threats that cause alarm.
- Gather Evidence: Collect texts, emails, call logs, witness statements, or police reports documenting the harassment.
- File a Petition: Go to the correct courthouse (Family or Criminal Court) and complete the petition forms detailing the incidents.
- Ex Parte Hearing: A judge may grant a temporary order of protection the same day without the other party present, if there is immediate danger.
- Service of Process: The respondent must be formally served with the petition and temporary order.
- Full Hearing: Both parties return to court for a hearing where you present evidence. The judge then decides on a final order, which can last up to five years.
Legal Standards and Potential Outcomes
In New York County (Manhattan), a final Order of Protection for harassment can impose serious restrictions and is enforceable by arrest.
| Order Type | Legal Basis | Duration | Key Provisions |
|---|---|---|---|
| Temporary Order | Ex Parte Hearing | Until next court date | Immediate no-contact; stay-away directives. |
| Final Order (Family Court) | Family Court Act § 842 | Up to 5 years | Can include no-contact, stay-away, custody provisions. |
| Full Stay-Away Order | Penal Law § 240.25 | As determined by court | Mandates no contact of any kind and physical distance. |
| Refrain-From Order | Family Court Act § 841 | Up to 2 years | Orders respondent to stop specific acts of harassment. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Protection Order Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to urgent family law matters like protection orders. Our firm-wide track record includes 4,739+ documented case results. We understand the urgency and sensitivity required when seeking an Order Of Protection For Harassment In New York.
Our Experience in New York County Courts
SRIS actively practices in New York County courts. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our attorneys are familiar with the procedures at the New York County Supreme Court and Family Court, advocating effectively for clients seeking safety from harassment.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New York Family Law Attorneys
Our New York location serves clients at New York County (Manhattan) courts, accessible via all subway lines, FDR Drive, and the West Side Highway. We represent individuals throughout Manhattan, including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
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FAQs: Orders of Protection for Harassment in New York
What is the legal definition of harassment for an order of protection in New York?
It depends. Under New York Penal Law § 240.25, harassment involves intent to harass, annoy, or alarm another person through physical contact, threats, or following in public. For a family offense order, the conduct must fit defined offenses in the Family Court Act, which includes harassment as a family offense.
Can I get an order of protection against a non-family member?
Yes. If the harassment rises to the level of a crime under the Penal Law, you can file a complaint with the police or directly in Criminal Court. A criminal court judge can issue an order of protection as part of a case, even if you are not related to the harasser.
How long does it take to get a temporary order in Manhattan?
If you file a petition and the judge finds sufficient cause for immediate danger, a temporary order can be issued the same day, ex parte (without the other party present). This order is effective immediately upon service to the respondent.
What evidence do I need to prove harassment?
Strong evidence includes saved text messages, emails, voicemails, social media posts, photos of damage, witness contact information, a log of incidents with dates/times, and any prior police reports. Documentation showing a repeated pattern is crucial.
What happens if someone violates an order of protection?
A violation is a criminal offense. You should call 911 immediately. The respondent can be arrested and charged with Criminal Contempt, which can be a misdemeanor or felony with potential jail time, fines, and extension of the order.
Should I hire an Order Of Protection For Harassment In New York Law Firm?
Yes. handling the petition process, evidence rules, and court hearings is complex. An experienced law firm can ensure your petition is properly drafted, help you present a compelling case, and advocate for the strongest possible protections, whether in Family or Criminal Court.
Related Legal Information
If you are dealing with harassment, you may also need information about New York family law. For legal issues in nearby areas, see our pages for Kings County (Brooklyn) and Queens County (Queens). For other legal needs in Manhattan, consider our criminal defense or immigration law services.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding an Order Of Protection For Harassment In New York.