Restraining Order in New York

What This Means for Your Restraining Order Filing in New York

Filing for restraining order in New York costs free of charge at the courthouse — the first financial barrier most self-represented filers face. Orders of Protection free in Family Court and Criminal Court. Beyond the filing fee, no mandatory waiting period applies, and the typical case timeline is Temporary order same-day; full hearing within 3-5 days. Because New York courts operate at the state and county level, local surcharges, service-of-process fees, and motion filing fees can add meaningfully to the out-of-pocket total. Every person whose household income falls below roughly 125–200% of the federal poverty line can apply for a fee waiver (sometimes called "in forma pauperis") with the court clerk.

Procedurally, New York lays out 6 distinct steps, and the clerk typically requires 4 core document categories to open your case. Residency rules matter: Not required. Grounds or legal theory must be stated clearly in the initial petition — Domestic violence, stalking, harassment, family offenses. Missing a required element, filing in the wrong venue, or failing to perfect service within the statute-of-limitations window can cause dismissal without prejudice, forcing you to refile and pay the fee again.

This is public court-fee and procedural data, not legal advice. Outcomes in restraining order cases depend heavily on facts, evidence, documentation, and the judge assigned. If your matter is contested, involves minor children, real property, significant debts, domestic violence, or immigration consequences, consult a licensed New York attorney or contact your state legal-aid office before filing. Data on this page was last verified 2026-03 against New York court sources; always confirm the current fee schedule with the clerk before paying.