How do I get a restraining order against someone?

A restraining order in NYS is known as an "Order of Protection". Most of these court orders are issued by either the Family Court or by a local criminal court.

If you have a domestic relationship with or are related to a person, then you may be eligible to request an order of protection from the Family Court. If you aren't sure whether your relationship qualifies, you can call the Orleans County Family Court at (585) 589-4457. If you would like to file a petition requesting an order protection from the Orleans County Family Court, you can complete the paperwork at the courthouse, which is located at 3 South Main Street in the Village of Albion. It is across from the Albion Post Office and adjacent to the Orleans County Jail.

If you do not have a domestic relationship with the person you would like the order against, then there must be criminal charges against that person by you as the victim or as a witness to the offense. Before any order of protection can be used, it must be approved and signed by a Judge.

Orders of protection must be served on the Defendant/Respondent before it is in effect, but they can be served by any police agency at any time of day/night.

If you are seeking an order of protection for a lawsuit against a person, please contact your attorney or a legal aid organization.

The Holley Police Department does not issue orders of protection.