Restraining Orders Lawyer New York, NY

Why Choose the Law Office of Daniel Clement for Restraining Orders in New York, NY?

Forty Years of New York Family Law

Daniel Clement has practiced family law in New York, NY since 1986. He earned his J.D. from Brooklyn Law School and has spent four decades handling the full range of family court proceedings, including emergency protective order applications, full evidentiary hearings on orders of protection, and the custody and divorce matters that frequently follow. He is a member of the New York City Bar Association and served on its Matrimonial Committee.  

He has been recognized as a Super Lawyer and received the Best Attorney in Professional Services designation in 2010. These peer-nominated accolades reflect our commitment to clients’ interests and to the highest legal and ethical standards. 

Protection That Connects to the Full Legal Picture

A restraining order is rarely an isolated matter. If you are fleeing an abusive marriage, the order connects directly to your divorce and to custody of your children. If your abuser has access to joint accounts or shared property, financial protective orders may also be warranted. We approach every restraining order engagement with an understanding of the broader legal situation, safeguard your privacy, and advise you on all available protections, not just the one you asked about.

What Clients Say

★★★★★

“I cannot recommend Daniel highly enough. From the very first consultation, he displayed a level of expertise, compassion, and professionalism that set him apart. Navigating the complexities of a divorce can be overwhelming, but Daniel made the process manageable and even empowering.”

— Chris Higel-McGovern

Read more reviews on our Google Business Profile.

Types of Restraining Order Cases We Handle in New York

Restraining orders and orders of protection in New York arise across several legal contexts. We handle them all on behalf of people seeking protection.

• Emergency temporary orders of protection. These are issued by Family Court on the same day a petition is filed, without prior notice to the respondent. We prepare emergency petitions for clients who need immediate legal protection and appear with them at the initial hearing.

• Final orders of protection after hearing. After a temporary order is issued, a full hearing is scheduled. We prepare petitioners to present their case with supporting evidence, testimony, and documentation, and we advocate for a final order that provides durable protection.

• Supreme Court restraining orders in divorce. When a divorce is pending, the Supreme Court can issue injunctions as part of the matrimonial proceeding. We pursue these orders for clients whose safety and financial interests require protection during the divorce process.  

• Restraining orders and child custody. Child custody proceedings are directly affected by restraining orders and orders of protection. We represent victims in custody matters where the abuse history is part of the record, and we know how courts weigh that history in determining parenting arrangements.

• Enforcement of existing orders. If the person you obtained a restraining order against has violated its terms, legal action is available. We advise clients on documenting violations and pursuing enforcement through the appropriate court.

• Orders connected to domestic violence proceedings. Restraining orders often arise in the context of broader domestic violence matters. We handle these as part of a connected strategy that addresses your safety, your housing, your finances, and your children.

New York Legal Requirements for Restraining Orders

Family Court orders of protection in New York are governed by Article 8 of the Family Court Act. A petitioner must allege qualifying conduct committed by a family or household member. The court may issue a temporary order of protection immediately upon filing. A full hearing is then required to determine whether a final order should be entered.

The qualifying offenses that support a family offense petition include harassment, menacing, assault, stalking, reckless endangerment, and strangulation, among others, as defined in Family Court Act Section 812. The covered relationships include family members, people who share or have shared a household, people with a child in common, and people in or formerly in an intimate relationship, which courts have interpreted to include dating relationships.

At the final hearing, the petitioner must establish by a fair preponderance of the evidence that the respondent committed a family offense. This is a lower standard than the beyond-a-reasonable-doubt standard used in criminal court, which means a well-prepared petition supported by documentation has a meaningful chance of resulting in a final order. Final orders can last up to two years for most matters, and up to five years for aggravated circumstances under Family Court Act Section 842.

When a divorce is pending, the Supreme Court has concurrent jurisdiction to issue protective orders under Domestic Relations Law Section 240. The New York State Office for the Prevention of Domestic Violence provides additional information on victim rights across these proceedings.

Important Aspects of a New York Restraining Orders Case

Preparing a Strong Petition

The quality of the initial petition matters. It should describe the conduct with specificity: dates, locations, what was said or done, and how it affected you. A vague or poorly organized petition is harder to build on at the hearing. We work with clients to present the facts clearly and connect them to the qualifying offenses under the Family Court Act.

Documentation and Evidence

Text messages, voicemails, emails, photographs of injuries, medical records, and prior police reports are all forms of evidence that support a petition for a restraining order. The more thoroughly the abuse is documented, the stronger the case at the hearing. We advise clients on how to gather and preserve evidence from the first consultation.

The Connection to Custody

A restraining order that restricts a parent’s contact with you will almost always have implications for that parent’s access to your children as well. Courts handling custody proceedings treat a history of abuse as a significant factor in determining parenting arrangements. We ensure that the restraining order and the custody case are handled as connected matters, not separately.

Your Housing Rights

If you share a residence with your abuser, an order of protection can include a provision directing the respondent to vacate. New York courts have the authority to award exclusive occupancy of the marital home as part of a protective order proceeding. Additionally, under Real Property Law Section 227-c, domestic violence victims have the right to terminate a residential lease without penalty with proper documentation.

What Steps Should I Take to Get a Restraining Order in New York?

1. Contact an Attorney First. Before filing any papers, speak with a lawyer who handles protective order proceedings. How the petition is framed, what court to file in, and what documentation to attach all affect the outcome.

2. Document Everything. Save all messages, note dates and details of incidents, and photograph any injuries. This documentation becomes the foundation of your petition and your hearing case.

3. File the Family Offense Petition. Your attorney prepares and files the petition in Family Court. The court reviews it and can issue a temporary order of protection the same day.

4. Attend the Emergency Hearing. A brief initial hearing takes place when the petition is filed. Your attorney appears with you and presents the basis for the temporary order.

5. Prepare for the Full Hearing. After the temporary order is issued, a full evidentiary hearing is scheduled. This is where both parties present testimony and evidence. Preparation is the most important factor in the outcome.

6. Address Related Custody and Divorce Matters. If children or a marriage are involved, the restraining order proceeding should be coordinated with those matters from the start. We advise clients on this coordination at every stage.

Restraining Order Statistics in New York

The New York State Division of Criminal Justice Services reports that New York law enforcement agencies respond to more than 200,000 domestic incidents per year, resulting in tens of thousands of arrests annually. Orders of protection are issued in significant numbers across Family Court and Criminal Court proceedings statewide each year.

Research from the Bureau of Justice Statistics consistently shows that victims who obtain legal representation in protective order proceedings achieve significantly better outcomes than those who navigate the process without counsel. A well-prepared petition supported by documentation and represented by an attorney at the hearing is considerably more likely to result in a durable final order.

The CDC National Intimate Partner Violence Survey documents that millions of people in the United States experience intimate partner violence each year. In New York, the NYS Office for Prevention of DV tracks the volume of hotline contacts, shelter placements, and court proceedings annually, reflecting the scope of need and the importance of accessible legal pathways for victims.

New York Restraining Orders Lawyer FAQs

How quickly can I get a restraining order in New York?

A temporary order of protection can be issued the same day you file a family offense petition in Family Court. The court issues it on an emergency basis before the other party is notified. You do not need to wait for a full hearing to receive immediate legal protection.

What conduct qualifies for a restraining order in New York?

Under the Family Court Act, qualifying conduct includes harassment, menacing, assault, stalking, reckless endangerment, disorderly conduct, and criminal obstruction of breathing (choking or strangulation). The conduct must have been committed by a family or household member, someone you share or shared a home with, someone you have a child with, or someone you were in an intimate relationship with.

Do I have to prove the abuse to get a temporary order?

No. A temporary order of protection is issued based on the allegations in your petition, without requiring proof at that stage. At the full hearing that follows, you will need to establish by a fair preponderance of the evidence that the respondent committed a qualifying family offense.

Can a restraining order help protect my children?

Yes. An order of protection can include provisions that restrict the respondent’s contact with your children and with places they regularly attend, such as their school. Courts also consider a history of domestic violence as a significant factor in custody and visitation determinations under New York law.

What happens if the person violates the restraining order?

Violations of orders of protection are criminal offenses in New York. You should call 911 immediately and document the violation thoroughly. Your attorney should also be notified so the violation can be pursued through both the family court proceeding and, if appropriate, through a criminal complaint.

Can I get a restraining order if I was in a dating relationship?

Yes. The New York Family Court Act covers people who are or were in an intimate relationship, which courts have interpreted to include dating relationships. You do not need to have been married to or living with the person to qualify for Family Court relief.

Will the restraining order affect my divorce or custody case?

Yes, in meaningful ways that work in your favor. A history of abuse documented through a restraining order proceeding is relevant to equitable distribution, spousal maintenance, and custody. New York law requires courts to consider domestic violence in custody determinations. We ensure these proceedings are handled as a connected legal strategy.

What to Expect With Your Restraining Order Case in New York

Every case begins with a consultation in which we listen to what has happened and advise you on the immediate steps available. If an emergency petition is warranted, we prepare it promptly and appear with you at the initial hearing.

After the temporary order is issued, we begin building the case for the full hearing. That means gathering documentation, preparing your testimony, and ensuring that the evidence presented reflects the full history of the conduct you have experienced.

Throughout the process, we keep you informed. You will know what has been filed, what to expect at each court date, and how the restraining order connects to any related custody or divorce matters. 

What Are Important Local Resources for New York Restraining Orders?

The following resources are available to individuals seeking restraining orders and related protection in New York. This list is provided for informational purposes only and does not constitute an endorsement of any organization or agency listed.

• NYC Family Court accepts family offense petitions and issues emergency orders of protection. Phone: (646) 386-5206.

• NYS DV Hotline provides crisis support and referrals 24 hours a day. Phone: 1-800-942-6906.

• Safe Horizon offers legal advocacy, shelter, and support services for domestic violence survivors in New York City. Phone: 1-800-621-4673.

• NYC Family Justice Centers provide co-located legal, law enforcement, and social service resources across all five boroughs. Call 311 to reach the nearest center.

• New York Legal Assistance Group (NYLAG) provides civil legal services for qualifying low-income New Yorkers, including representation in family offense proceedings. Phone: (212) 613-5000.

Disclaimer: The Law Office of Daniel Clement does not endorse or recommend any of the above-listed resources. This information is provided for general reference only.

Law Office Of Daniel Clement – NYC Family Law Firm

112 Madison Ave Suite 800
New York, NY 10016

Contact the Law Office of Daniel Clement

If you need a restraining order in New York, you do not have to navigate this process alone. Legal protection is available, and it can be put in place quickly. The Law Office of Daniel Clement offers a free initial consultation and responds promptly to every inquiry.

Daniel Clement has practiced New York family law for more than 40 years. He understands the urgency of these situations and approaches every case with the care and directness it deserves.

Contact us to schedule your free consultation with our New York restraining orders lawyer.