What is the process of filing a restraining order?

In New York, the process of filing a restraining order is a multi-step process. First, you must file paperwork with the family court in the county where you live. You will need to fill out specific forms depending on the type of restraining order you are seeking, such as an Order of Protection or an Ex parte Temporary Restraining Order. You may wish to seek assistance from a lawyer or your local domestic violence program to help you complete these forms. Next, the court will review your filing and, if they deem it appropriate, issue a temporary restraining order. This order will remain in place while your hearing is scheduled. Finally, a hearing will be held within six days of the temporary restraining order being issued. During this hearing, you will be able to present evidence and witnesses to support your petition for a restraining order. The judge will listen to all evidence and then make a decision on whether or not to issue a restraining order. Once the restraining order is issued, it will remain in place for a period of time that is determined by the judge. It is important to note that all restraining orders are civil orders and cannot be enforced by criminal authorities. It is also the responsibility of the restrained person to abide by the terms of the order or else they risk criminal penalties.

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What is the process of filing a restraining order?

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