Paul Biagini Attorney

How to Obtain an Order of Protection in New York State

If you are a victim of stalking or harassment obtaining an order of protection in New York state, can help you take legal action and protect your safety. An order of protection, also known as a protective order, is a court order that prohibits the offender from contacting or coming near the victim. In this blog post, we will provide a step-by-step guide on how to obtain an order of protection in New York state.

Step 1: Contact an Attorney – The first step in obtaining an order of protection is to contact an attorney who specializes in stalking and harassment laws. An attorney can help you understand your legal options, guide you through the process, and represent you in court.

Step 2: File a Petition for an Order of Protection – The next step is to file a petition for an order of protection in either criminal or civil court. In criminal court, the district attorney’s office will file the petition on your behalf. In civil court, you can file the petition yourself or with the help of an attorney.

The petition will include information about the stalking or harassment behavior, including the offender’s name and address, details of the behavior, and any evidence you have, such as messages or photographs.

Step 3: Attend a Hearing – After filing the petition, a hearing will be scheduled in either criminal or civil court. At the hearing, you will be required to provide testimony about the stalking or harassment behavior and why you need an order of protection.

The offender will also have the opportunity to attend the hearing and provide testimony. If the offender does not attend the hearing, the court may still issue an order of protection based on your testimony.

Step 4: Obtain the Order of Protection – If the court determines that you need an order of protection, it will issue the order. The order will include specific details about the behavior that the offender is prohibited from engaging in, such as contacting you, coming near you, or coming near your home or workplace.

The order will also include information about the consequences of violating the order, such as fines or jail time. It’s important to keep a copy of the order with you at all times and provide a copy to the police.

Step 5: Enforce the Order of Protection – If the offender violates the order of protection, you can contact the police, who will take legal action. Violating an order of protection is a criminal offense and can result in severe penalties.

It’s also important to follow any other legal or safety measures recommended by your attorney, such as changing your phone number or installing security cameras.


Obtaining an order of protection can help victims of stalking or harassment in New York state take legal action and protect their safety. If you or someone you know is a victim of stalking or harassment, it’s important to seek help from a qualified attorney who can guide you through the process and protect your rights. Understanding how to obtain an order of protection in New York state is the first step in seeking justice and moving forward.

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