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Legal Information: New York

Restraining Orders

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Updated: 
February 1, 2018

 

Do I need anything special to get my order of protection enforced in another state?

In some states, you will need a certified copy of your order of protection. A certified copy says that it is a "true and correct" copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In New York, a certified order has a stamp and a raised seal on it.

You will likely be given a certified copy when you get your order. To get an additional one, or if you don't have one, you can go to the petitions division of your courthouse. There is no fee to get a certified copy of a New York order of protection.

Note:
It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children's school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work. Give a copy of the order to anyone who is named in and protected by the order.

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your order of protection enforced in another state.  However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to.  A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order of protection, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Places that Help page.

Do I need to tell the court in New York if I move?

New York does not require you to tell the court if you move. However, it can be helpful for the court to have your new address so that they can let you know if anything changes with your order of protection.

If you choose to provide your new address to the court, you should be sure to let the court employee who is helping you that your address is confidential. The court should then note in the file that the address is confidential so that the public will not have access to it. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either New York or your new state. If you feel unsafe giving your new address, you can use the address of a friend you trust or a P.O. Box instead.

If you have already asked that the court keep your New York address confidential, you must notify the clerk (or the neutral party who serves as your agent for service of process purposes) of your change of address.*

* NY Fam Ct Act §154-b(2)(d)