New York Anti-Stalking Restraining Order

To request a restraining order, the victim must be able to demonstrate a pattern of unwanted behavior considered threatening or harassing under New York law. Eligible conduct includes:

• Following or confronting the victim in public or private spaces
• Waiting outside the victim’s residence, workplace, or school
• Sending repeated unwanted messages via phone, email, or social media
• Delivering or leaving unsolicited items or gifts
• Damaging or interfering with the victim’s property

These actions are evaluated under New York Penal Law § 120.45 and related statutes when criminal charges are involved, and under Family Court Act § 812 for civil petitions.

When a stalking-related offense is reported to the police, criminal court judges can issue a Temporary Order of Protection (TOP) during arraignment. The key aspects include:

• Prohibiting the defendant from contacting the victim via any method
• Imposing a 100-foot or more physical distance requirement
• Restricting access to the victim's home, school, or place of work

These orders remain valid during the criminal proceedings and can be converted into permanent protective orders upon conviction.

Outside the criminal context, victims may apply for civil restraining orders under Article 8 of the Family Court Act. Civil orders do not require criminal charges but still offer strong protections:

• Prohibition of direct or indirect contact
• Ban on physical proximity
• Restriction of online communications

Additionally, the New York Civil Practice Law and Rules (CPLR) § 6301 allows for preliminary injunctions and temporary restraining orders in cases with immediate risk, such as domestic violence or stalking-related harassment.

A person who violates a court-issued restraining order may be charged under New York Penal Law § 215.50 (Criminal Contempt). Penalties include:

• Up to 1 year in jail for criminal contempt in the second degree
• Up to 4 years in prison for criminal contempt in the first degree if the violation involves threats, violence, or weapons

Repeat violations or violations that result in physical harm can lead to felony charges.

In civil proceedings, a violator may be held in contempt of court. The consequences include:

• Monetary sanctions for each violation (as determined by the court)
• Potential arrest and detention until compliance is ensured

New York law allows for confidential applications under specific provisions:

• Use of pseudonyms in Family Court
• Non-disclosure of address via the Address Confidentiality Program (ACP)
• Sealing of court documents for the victim’s safety

Applicants may also request hearings in closed courtrooms to avoid public exposure. Legal representatives can submit petitions on behalf of the victim to further protect their identity.

• Identify nearby police stations and emergency shelters
• Install door locks, security cameras, and alert systems
• Avoid sharing personal information online
• Save all harassing messages, voicemails, or packages
• Document each incident with date, time, location, and witness (if any)
• Notify friends or neighbors to stay alert

These proactive measures increase the effectiveness of legal protection and provide essential evidence in court.