Understanding Orders of Protection in New York

An Order of Protection, often called a restraining order in New York, is a court order issued to help protect one person from another who has allegedly committed or threatened harm against them. In New York, these orders are common in domestic violence, assault, harassment, and family disputes.

However, Orders of Protection are not all the same. They can vary in purpose, scope, and duration depending on the situation. In some cases, they can also be amended or modified if circumstances change.

At the Law Offices of Matthew Cohan, our experienced New York defense attorneys have successfully represented clients in obtaining, defending against, and modifying Orders of Protection throughout New York City, Long Island, and upstate counties.

The Different Types of Orders of Protection in New York

In New York, Orders of Protection may be issued by Criminal Court, Family Court, or the Supreme Court (in divorce or custody matters). While they serve the same general purpose of protecting an individual, they differ in how they are issued and enforced.

Full Stay-Away Order

A Full Order of Protection (or “stay-away order”) prohibits any contact whatsoever with the protected person. This means the restrained party must stay away from the person’s home, workplace, school, and any other designated locations.

Violating this type of order can lead to criminal contempt charges, which are treated very seriously by New York courts.

Limited Order of Protection

A Limited Order of Protection (sometimes called a “refrain-from” order or a “Do-Not-Harass” order) allows contact between the parties but prohibits abusive, harassing, threatening, or intimidating behavior. These are often issued when the parties share children or must maintain some level of communication.

A limited order can still result in criminal charges if its conditions are violated.

How Long Do Orders of Protection Last?

1. Temporary Order of Protection

A Temporary Order of Protection is issued while a case is still pending. It typically remains in effect until the next court date, for one year, or until the case concludes. These orders often include restrictions such as:

• No contact or communication with the protected person
• Staying away from their home, workplace, or school
• Avoiding harassment, intimidation, or threats

Temporary orders can be extended by the court if the case remains unresolved.

2. Final Order of Protection

A Final Order of Protection is issued at the conclusion of a case, either after a trial, plea, or settlement. Depending on the court, it can last:

• Up to 2 years for most cases
• Up to 5 years if the defendant pled guilty to a misdemeanor or aggravating circumstances exist
• Up to 8 years if the defendant pled guilty to a felony

Final orders carry the same restrictions as temporary orders but remain in effect for a set period, which can be extended under certain conditions.

How Orders of Protection Can Be Amended or Modified

Life circumstances change, and sometimes an Order of Protection that once made sense needs to be adjusted. In New York, it is possible to amend or modify an order of protection under specific conditions.

Common Reasons for Amending an Order

• The parties have reconciled or wish to resume contact
• The order prevents necessary communication (such as co-parenting)
• The restrained person needs access to shared property
• Changed circumstances make the order unnecessary

How the Amendment Process Works

To amend or modify an Order of Protection:

1. A formal motion must be filed with the issuing court.
2. Both parties typically appear before the judge.
3. The judge reviews the circumstances.
4. If approved, the court issues an Amended Order of Protection with updated terms.

Only a judge can change or terminate an Order of Protection. Violating an order before it is officially amended can result in arrest and criminal charges.

Can I Get My Property Back Without Amending an Order of Protection?

An addendum to an Order of Protection is a supplemental order signed by a judge that modifies the terms of the original order. This may authorize:

• A one-time limited visit to a specific location
• Required police presence during the visit
• Collection of personal property only

This does not lift the entire order — it creates a narrow exception for safe property retrieval.

Our Experience Amending Orders of Protection in New York

At the Law Offices of Matthew Cohan, we have successfully petitioned to amend and modify Orders of Protection for many clients across New York.

Our attorneys understand how sensitive and complex these cases can be. We work closely with clients, prosecutors, and the court to present clear, persuasive arguments while prioritizing your rights and long-term interests.

Contact a New York Criminal Defense Attorney

If you need help with an Order of Protection in New York — whether seeking one, defending against one, or requesting a modification — contact the Law Offices of Matthew Cohan today for a free, confidential consultation.