How to Get a Restraining Order During Divorce in New York

Written by Yonatan Levoritz on March 16, 2025

Going through a divorce can be one of the most difficult experiences in life, especially when there are concerns about safety. If you’ve felt threatened or harmed by your spouse, learning how to get a restraining order in New York—officially known as an “order of protection”—can be critical to your safety and peace of mind. An order of protection is a legal tool a court grants to keep someone from inflicting injury or harassment. If you find yourself in this circumstance, the Levoritz Law Firm can help.

How Do I Get a Restraining Order?

In New York, you can request an order of protection through different courts, depending on your circumstances. The three main legal avenues are:

• Family Court: If you are experiencing domestic violence, harassment, or threats, you can file a family offense petition. This process is confidential and allows victims of abuse to seek protection without initiating criminal charges.
• Criminal Court: If the police are involved and your partner has been charged with a crime, the District Attorney can motion for an order of protection on your behalf. Judges may also impose these orders as conditions for the accused’s bail or release.
• Supreme Court: If you are in the process of a divorce, you can request an order of protection from the Supreme Court as part of your divorce proceedings. This is done by making a motion or order to show cause during your ongoing case.

Different courts may issue these orders, but the goal remains to ensure your safety and prevent further harm. More information can be found at the Office for the Prevention of Domestic Violence.

Temporary Order of Protection

A temporary order of protection provides immediate relief and remains in effect until your next court hearing. If the judge determines that long-term protection is necessary, they may issue a final order of protection, which can last from one to five years.

Final Order of Protection

If the court finds sufficient evidence during the hearing, a final order of protection may be issued. Depending on the conditions, this order can last up to five years.

Seeking legal advice is crucial because each step differs depending on the court and the nature of your relationship with the individual.

What Proof Do You Need to Get an Order of Protection?

Evidence is essential for obtaining an order of protection. The better you demonstrate that you are at risk, the more likely the court will approve the restraining order. Typical examples of evidence include:

• Photographs or documentation of physical injuries
• Copies of threatening messages, emails, or voicemails
• Witness testimonies from those who have observed the abuse or harassment
• Police and medical reports detailing incidents
• Evidence of property damage caused by the person you seek protection from

The New York Courts mention that an order of protection can direct someone to stop harming or threatening you, stay away from your home, workplace, or school, and refrain from contacting you. Get ready to present your case and discuss why safety is an issue.

How Long Does a Restraining Order Last in NY?

The duration of a restraining order varies according to the type. Temporary orders remain valid until the next court date. Final orders issued during a court hearing may last from one to five years. According to the New York Courts, the duration is determined by factors such as the severity of the abuse, previous occurrences, and the risk of future injury.

For continuing divorce cases, you can ask the Supreme Court to extend protective measures for as long as necessary. Remember that restraining order violations are taken seriously and can result in severe legal penalties.

Can You Get a Restraining Order Taken Off?

Yes, a restraining order can be lifted or modified, but only with court approval. Circumstances that could lead to lifting the order include if the individual no longer risks your safety or if the protected individual requests to end the order.

The court that issued the order must receive a petition or motion from you or your lawyer to make this request. After carefully weighing the facts of the situation, judges will determine whether they will approve the modification.

Get Help From a NY Family Law Attorney

If you need to know how to get a restraining order in NY, our dedicated attorneys at The Levoritz Law Firm are here to help. We have extensive experience representing clients in Family Court, Supreme Court, and Criminal Court to secure orders of protection. Don’t navigate this process alone—call us at (718) 942-4004 today for a confidential consultation and take the first step toward securing your safety.