New York Protective Orders Laws
New York, as in most states, has protective order laws that can get triggered in domestic violence cases. Such court orders often state, for instance, that an abusive spouse may not come within a stated distance of another person for a period of time. In New York, protective orders (also called "restraining orders") also come into play with stalking. Some famous stalking cases involving celebrities in New York City have resulted in protective orders.
The basic provisions of New York protective order laws are listed in the table below. See Domestic Violence: Orders of Protection and Restraining Orders for more information.
|Code Section||Jud. Ct. Acts §§655, 656|
|Activity Addressed by Order||Enjoin contact; exclude from dwelling, school, employment; regarding minors: visitation; counseling; reimburse reasonable expenses|
|Duration of Order||Temporary order: 4 calendar days|
|Penalty for a Violation of Order||Contempt|
|Who May Apply for Order||Any person|
|Can Fees Be Waived?||-|
|Order Transmission to Law Enforcement||Copy to sheriff's office or police department in county or city in which petitioner resides|
|Civil Liability for Violation of Order||Yes, contempt of court|
Note: State laws are constantly changing -- contact a New York attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- New York Statutes
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Protective Orders Laws: