Office for the Prevention of Domestic Violence

Information for Professionals

Duly served OP: When is an OP considered to be in effect?

Regardless of the court of issuance, an OP is considered to be in effect when the enjoined party (defendant or respondent) is served with the order.

Foreign (Out-of-State) OPs

A foreign, or out-of-state, OP is a court order that is issued by an American court other than a court located within New York State, including:

Note: “Foreign” OPs do not include OPs from foreign countries, including Canada and Mexico.

Federal term “Protection Order”

The federal term “protection order,” as defined in Section 2265(5) of Title 18 of the United States Code, includes:

(A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and

(B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking.