When someone feels threatened, harassed, or abused—whether physically, emotionally, or psychologically—there’s a powerful legal tool available that can offer safety and peace of mind: an Order of Protection. If you're living in Queens and find yourself in a situation where you need legal protection from someone, or if you're unsure about how these orders work, understanding the ins and outs of an order of protection in Queens is a crucial first step.

In this article, we'll break down what an order of protection is, who can request one, how it’s obtained in Queens, and what it means for both parties involved.

 

What Is an Order of Protection?

An Order of Protection is a court-issued directive intended to limit the behavior of someone who is threatening or harming another individual. This order can require the abuser to stay away from the victim, refrain from contact, move out of a shared home, or surrender firearms, among other restrictions.

In Queens, as in the rest of New York State, orders of protection are most commonly issued in cases of:

• Domestic violence
• Stalking or harassment
• Sexual abuse
• Child abuse or neglect

The order can be temporary or final, and it’s designed to provide a legal boundary that helps keep victims safe while also setting consequences for any violations.

 

Types of Courts That Issue Orders of Protection in Queens

There are several courts in Queens that can issue an order of protection, depending on the nature of the case:

1. Family Court – Handles cases involving individuals who have a family or intimate relationship (spouses, former partners, parents of a child, etc.).
2. Criminal Court – Issues orders of protection as part of a criminal case, such as assault or harassment.
3. Supreme Court – Can issue an order of protection during divorce or legal separation proceedings.

Each court has its own process, but they all serve the same core purpose: to offer legal protection to those in danger.

 

Who Can File for an Order of Protection in Queens?

You don’t have to be physically harmed to ask for an order of protection. If you’re being threatened, stalked, emotionally abused, or made to feel unsafe, you have the right to seek help.

You can request an order of protection in Queens if:

• You’re related to the other person by blood or marriage.
• You share a child with them.
• You were or are in an intimate relationship with them (even without living together).
• You’re a victim in a criminal case against the person.

 

How to Get an Order of Protection in Queens

Here’s a general step-by-step breakdown of how the process works:

1. Filing a Petition

If you’re going through Family Court, you’ll start by filing a petition explaining your situation. This can often be done with the help of a court clerk or a domestic violence advocate. In criminal cases, the prosecutor (District Attorney’s office) will request the order as part of the case.

2. Temporary Order of Protection

Once your petition is filed, the judge can issue a temporary order of protection the same day, even before the other person is notified. This temporary order is based solely on your account of what happened and is meant to offer immediate safety.

3. Serving the Order

The person you’re seeking protection from (called the “respondent”) must be served with the order and given notice of a court date. Law enforcement officers or process servers usually handle this step.

4. Court Hearing

At the court hearing, both sides have the opportunity to present evidence and testimony. If the judge finds that the abuse or threats occurred—or might reasonably occur again—a final order of protection may be issued, which can last up to 2 years, or longer in aggravated circumstances.

 

What Does an Order of Protection Include?

An order of protection in Queens can contain a range of conditions, depending on the situation:

• Stay-away provisions: The respondent must stay away from your home, workplace, school, and sometimes even your children.
• No-contact provisions: They may not contact you by phone, text, email, social media, or through third parties.
• Refrain-from provisions: They are instructed not to harass, intimidate, threaten, or interfere with you in any way.
• Exclusive use of residence: The court may allow you to remain in a shared residence and order the respondent to move out.
• Firearm surrender: In some cases, the court may require the respondent to turn in any weapons.

Violating an order of protection is a serious criminal offense that can result in arrest, jail time, and additional charges.

 

What Happens If the Order Is Violated?

If someone violates an order of protection in Queens, you should contact the police immediately. A violation is a criminal offense and can result in the individual being arrested—even if no physical harm occurs. The order is a legally binding document, and even indirect or subtle violations (like liking a post on your social media or showing up at your job) can be enough for law enforcement to act.

 

Do I Need a Lawyer?

While you can file for an order of protection without a lawyer, having one—especially in complex or contested cases—can help you navigate the legal system more confidently. A lawyer can help you prepare evidence, represent you in court, and ensure your rights are fully protected.

If you can’t afford a private attorney, there are legal aid services in Queens that may be able to help, such as the Legal Aid Society or Sanctuary for Families.

 

Final Thoughts

An order of protection in Queens is more than just a piece of paper—it’s a vital lifeline for those who feel unsafe or at risk. Whether you’re dealing with domestic violence, harassment, or emotional abuse, you don’t have to go through it alone. Queens courts and community organizations offer a variety of resources to help you stay safe, get support, and move forward with confidence.

If you’re in immediate danger, always call 911. For ongoing support, reach out to a domestic violence hotline or speak with an experienced attorney who can guide you through the process. You have the right to live free from fear—and help is available.