Orders of Protection in New York Criminal Court

Domestic Violence Defense › Orders of Protection

In almost every domestic violence case in New York, the judge signs an order of protection at the arraignment. The accused is handed a copy in the courtroom, and it is in effect before they reach the hallway. For many clients the order changes daily life more than the charge does. It decides where they sleep that night, whether they see their children, and whether an ordinary text message becomes a new arrest.

Where the Order Comes From

Two statutes authorize criminal court orders of protection. CPL § 530.12 applies when the charge is a family offense between members of the same family or household. CPL § 530.13 applies to victims and witnesses in all other cases. The mechanics are similar.

A temporary order of protection is issued at arraignment as a condition of release or bail. It is written to expire on the next court date and is renewed at each appearance for as long as the case is pending. A final order of protection is issued when the case ends in a conviction, including a plea to a violation. An order can also be made a condition of an adjournment in contemplation of dismissal or of a conditional discharge. If the case is dismissed outright or ends in an acquittal, the temporary order ends with it.

Full and Limited Orders

	Full order	Limited order
Contact	None. No calls, texts, email, letters, social media, or messages passed through other people.	Allowed.
Stay-away	The accused must stay away from the protected person and from their home, school, business, and place of employment.	None. The parties may live together.
Conduct	No assault, harassment, menacing, stalking, threats, or any other offense against the protected person.	The same conduct restrictions apply.
When it is issued	The default at arraignment in most domestic cases.	Usually on defense application, often with the complainant's position on the record.

A full order applies even if the accused owns the home or is the only name on the lease. The order does not decide who owns the property. It decides who may be there while the order is in effect.

How Long a Final Order Lasts

For family offense cases, CPL § 530.12(5) sets the maximum duration of a final order by the level of the conviction.

Conviction	Maximum duration
Felony	Eight years from sentencing. If a prison sentence is imposed, the period is measured from the expiration of the maximum term.
Class A misdemeanor	Five years
Any other offense, including a class B misdemeanor or a violation	Two years

These are ceilings, and the duration and scope of the final order are negotiable parts of a plea agreement. A two-year limited order and a five-year full order are very different outcomes, even where the jail exposure is the same.

Your Right to a Hearing

For years, temporary orders were issued on the prosecutor's request with no inquiry into the facts. In Matter of Crawford v. Ally (1st Dept 2021), the Appellate Division held that when a temporary order of protection deprives the accused of a significant liberty or property interest, such as exclusion from their own home, the criminal court must hold a prompt evidentiary hearing on whether the order is warranted.

The hearing is not a trial, and courts differ on how much testimony they will take. It is still an early opportunity to put the weaknesses of the complaint, the accused's ties to the residence, and any contrary evidence in front of the judge. We request it whenever a client is locked out of a home or separated from children.

Getting the Order Modified

The defense may ask the court to modify the order at arraignment, at any later appearance, or by written motion. Judges weigh the strength and seriousness of the allegations, any history between the parties, prior orders and any violations, whether the parties share children or a residence, and the complainant's own position. The complainant's wishes are heard, usually through the prosecutor or the complainant's own lawyer, but they do not control the result.

Common modifications include:

Full to limited. Contact and cohabitation are permitted, and the conduct restrictions remain.
"Subject to Family Court orders." This language allows custody, visitation, and child exchanges to proceed as a Family Court or Supreme Court judge directs, even while a full order is in place.
Incidental contact. A carve-out where the parties work in the same building or attend the same school or house of worship.
Retrieval of belongings. A one-time visit to the residence with a police escort to collect clothing, medication, documents, and tools of the trade.

Only the Judge Can Lift It

This is the point that produces the most arrests. The protected person cannot waive, suspend, or cancel the order. If they call, text, or invite the accused back home, the order is still in force. The order binds only the accused, so the protected person commits no offense by initiating contact. The accused who responds does, and it is the accused who is arrested.

If both people want contact, the way to get it is an application to the court. Until the judge signs a modified order, nothing has changed.

What Happens If You Violate It

Orders of protection are entered into a statewide registry that police can check from a patrol car. Officers are required to arrest for a violation of a stay-away provision under the mandatory arrest law. The new charge is criminal contempt, which can be a felony. Contempt of an order protecting a family or household member is eligible for bail, and the judge on the original case may revoke the existing release.

An order of protection can also require the surrender of firearms and the suspension of a license under CPL § 530.14. See Domestic Violence Charges and Gun Rights.

Rules for Living Under a Full Order

Do not reply to texts, calls, or emails from the protected person, even to say that you cannot reply.
Do not like, tag, comment on, or message the protected person on social media.
Do not send messages through friends, relatives, or your children.
If you encounter the protected person by chance, leave right away, and tell your lawyer what happened.
Keep a copy of the current order with you, particularly if it has been modified.
Route anything logistical (belongings, bills, the lease, the children) through counsel.

Criminal Court Orders and Family Court Orders

The complainant may also seek a civil order of protection in Family Court by filing a family offense petition. That is a separate case, with a lower burden of proof and no prosecutor, and it can run alongside the criminal case. An accused person can be subject to two orders with different terms at once and must comply with the stricter of them. See Family Court Petitions and ACS Investigations.

More on Domestic Violence Defense

This page is part of our domestic violence defense section.

Locked Out by an Order of Protection?

If an order of protection is keeping you out of your home or away from your children, we can ask the court for a hearing and a modification. Call us at 212-233-1233 or email [email protected].