Important: This information is for educational purposes only and does not constitute legal advice. Court fees and requirements change frequently. Always verify with your local court before filing.
Restraining Order in New York
Open-data reference.
If you are in immediate danger, call 911.
For confidential help, the National Domestic Violence Hotline is available 24/7: call 1-800-799-7233 or text START to 88788. You can also visit thehotline.org. The filing process below is informational reference data, not a substitute for immediate safety help.
Filing a restraining order in New York costs free of charge. The typical timeline is Temporary order same-day; full hearing within 3-5 days, and no mandatory waiting period applies.
Domestic violence, stalking, harassment, family offenses
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. County-level surcharges and service-of-process fees can add to that total; see our court fee waiver guide for who qualifies to file without paying.
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 (see our pro se filing guide for common filing mistakes to avoid).
Filing Fee Details
Orders of Protection free in Family Court and Criminal Court.
Key Requirements
- File petition in Family Court
- Judge reviews same day
- Temporary Order of Protection if granted
- Full hearing within 3-5 days
Step-by-Step Process
- 1
File petition in Family Court
- 2
Judge reviews same day
- 3
Temporary Order of Protection if granted
- 4
Respondent served
- 5
Full hearing within 3-5 days
- 6
Permanent order issued
Important Notes
Estimated. Verify with local court.
Grounds / Eligibility
Domestic violence, stalking, harassment, family offenses
Quick Reference
- Filing Fee
- Free
- Residency
- Not required
- Waiting Period
- None required
- Typical Timeline
- Temporary order same-day; full hearing within 3-5 days
Official Resources
Other Civil Processes in New York
Frequently Asked Questions
How much does it cost to file for restraining order in New York?
The filing fee for restraining order in New York is Free. Orders of Protection free in Family Court and Criminal Court.
How long does restraining order take in New York?
Temporary order same-day; full hearing within 3-5 days
Do I need a lawyer for restraining order in New York?
You are not legally required to hire an attorney for restraining order in New York, but legal representation is recommended for complex cases. Free or low-cost legal aid may be available, see lawhelp.org for New York resources.
Is there a waiting period for restraining order in New York?
There is no mandatory waiting period for restraining order in New York.
What are the residency requirements for restraining order in New York?
Not required
What documents are needed for restraining order in New York?
Key requirements include: File petition in Family Court; Judge reviews same day; Temporary Order of Protection if granted.
Where does this data come from?
This information is sourced from New York court websites, legal aid organizations, and public court fee schedules, last verified 2026-03. See our methodology for full sourcing details.
Read our methodology - how this data is sourced, computed, and verified.
| Publisher | PlainCivil |
| Sources | Public state court datasets and federal civil-justice records |