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Obtaining an Order of Protection


1. What is stalking?

In New York, stalking refers to a pattern of repeated, unwanted attention, harassment, contact, or any other behavior directed at an individual that causes the victim to feel threatened, frightened, or unsafe.

2. What should a stalking victim do?

A victim can obtain a restraining order, also known as an order of protection, from the court which prohibits the alleged stalker from engaging in specific behaviors, contacting the victim, and/or being in certain locations.

3. What types of orders of protection are available in New York?

New York provides various types of orders of protection, including:

  • Full Order of Protection: Prohibits the alleged stalker from any contact whatsoever with the victim, both directly and indirectly.
  • Limited Order of Protection: Includes certain restrictions on the alleged stalker’s behavior, such as prohibiting contact.
  • Stay-Away Order: Requires the alleged stalker to stay a certain distance away from the victim and certain specified locations, such as the victim’s home, workplace, or school.

4. How to obtain an order of protection in New York?

The victim can file a petition for an order of protection with the Family Court or the Supreme Court in the county where the victim lives or where the stalking took place.

5. What evidence is useful when seeking an order of protection?

Documentation such as emails, text messages, social media posts, and any other evidence of unwanted contact or harassment is crucial. Witness testimony will strengthen the case.

6. Can an order of protection be modified or extended in New York?

Yes. If circumstances change, the victim or the alleged stalker can request a modification or extension of the order of protection.

7. What are the consequences for violating an order of protection?

Violating an order of protection is a criminal offense in New York. Such violation may result in arrest, fines, and/or imprisonment.

8. How long does an order of protection typically last in New York?

The duration of an order of protection varies based on the circumstances and can range from days to years.

- Natasha

- Christopher

-Samantha