English
EspañolCan I modify (change) or extend my order?
Changing an order
Once an order is issued, only a judge can change (modify) it. If you want to make changes to an order, you must request them from the court that issued the order, which is usually Family Court. The abuser and the attorney for the child, if there is one, will be notified, and a hearing will be held where the judge will decide whether or not to grant the modification.1 Speak with the clerk of court to complete a petition for a modification of your order. You can see the affirmation that you would file in Family Court on the NY Courts website.
Note: New York recently changed the law to allow you to submit an affirmation rather than an affidavit, but either type of form will be accepted. For more information, see What is the difference between an affidavit and an affirmation?
If you need to modify your order when the Family Court is closed, you might be able to do it at the local Criminal Court. However, you must prove to the judge that the existing order is insufficient to protect you, your child, or other members of your family or household. You can see the affirmation that you would file in Criminal Court on the NY Courts website. The local Criminal Court can issue an ex parte temporary modified order that will last for no longer than 4 days. The order will generally be scheduled to be heard in Family Court on the next day it is in session. You must file your petition in Family Court on or before that date for your case to continue.2
Extending an order
You can file to extend an order of protection for “good cause” even if no new incidents of abuse have occurred. It can also be extended if the abuser consents to the extension.3
1 N.Y. Fam. Ct. Act § 154-c(2)
2 N.Y. Fam. Ct. Act § 154-d(2)
3 N.Y. Fam. Ct. Act § 842
