New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 6 - Article 1 - Family Court

GENERAL PROVISIONS CONCERNING HEARINGS

Section Description
161 Days and hours court open; availability of judge.
162 Waiting room for children.
163 Separate hearing when child appears.
164 Judicial notice of matters of law; proof of statutes, decrees and decisions of another state or county.
165 Procedure.
166 Privacy of records.
167 Effect of personal appearance.
168 Notice of order of protection.
  S 161. Days and hours court open; availability of judge. (a) The days
  and hours the court is open shall be as provided by rule of court.
    (b) For purposes  of  sections  seven  hundred  twenty-eight  and  one
  thousand  twenty-two  of  this act, rules of court may authorize a judge
  other than a judge of the family court to perform  the  functions  of  a
  family court judge under those sections.
    (c)  For  purposes  of subdivision (a) of section four hundred thirty,
  subdivision (a) of  section  five  hundred  fifty,  subdivision  (a)  of
  section six hundred fifty-five, subdivision (a) of section seven hundred
  forty,  subdivision  one  of  section  eight  hundred  twenty-eight  and
  subdivision (a) of section one thousand twenty-nine  of  this  act,  any
  magistrate  is  authorized  to  perform  the functions of a family court
  judge as prescribed in such sections.

  S 162. Waiting  room for children. So far as possible a waiting room
  with a competent person in charge shall be  provided  for  the  care  of
  children brought to the family court under this act.

  S 163. Separate hearing when child appears. Any case under this act in
  which children are directly involved or appear shall be heard separately
  and  apart  from  the  hearing  of  cases  against  adults,  and,  where
  practicable, room separate and apart from a regular court room shall  be
  provided  for  the  use  of  the  family  court,  together with suitable
  quarters for  the  use  of  the  judge,  probation  officers  and  other
  employees of the court.

  S 164. Judicial notice of matters of law; proof of statutes, decrees
  and decisions of another state or county. The provisions  of  the  civil
  practice  law  and  rules  and  any rules regulating judicial notice and
  authentication and proof of records shall, unless  otherwise  prescribed
  by this act, apply to proceedings under this act to the extent that they
  are appropriate to the proceedings involved.

  S 165. Procedure. (a) Where the method of procedure in any proceeding
  in which the family court has jurisdiction is  not  prescribed  by  this
  act,  the  procedure  shall  be  in  accord  with  rules  adopted by the
  administrative board of the judicial conference or,  if  none  has  been
  adopted,  with  the  provisions  of the civil practice act to the extent
  they are suitable to the proceeding involved. Upon the effective date of
  the CPLR, where the method of procedure in any proceeding in  which  the
  family  court  has jurisdiction is not prescribed, the provisions of the
  civil practice law and rules shall apply to the  extent  that  they  are
  appropriate to the proceedings involved.
    (b)  In  any  proceeding  commenced  pursuant to the provisions of the
  social  services  law  in  which  the   family   court   has   exercised
  jurisdiction,  the  provisions  of  articles  one, two and eleven of the
  family court act shall apply to the extent that  they  do  not  conflict
  with the specific provisions of the social services law.

  S 166. Privacy of records. The records of any proceeding in the family
  court  shall  not  be open to indiscriminate public inspection. However,
  the court in its discretion in any case may permit the inspection of any
  papers or records. Any duly authorized agency, association,  society  or
  institution to which a child is committed may cause an inspection of the
  record of investigation to be had and may in the discretion of the court
  obtain a copy of the whole or part of such record.

  S 167. Effect of personal appearance. Whenever a person, whether adult
  or  child,  to  whom a summons shall have been directed shall physically
  appear before the court on the return day of such summons, it  shall  be
  conclusively  presumed that the summons was duly served upon such person
  in accordance with the provisions of this act unless such person or some
  one in his behalf shall on such return day make objection to the  manner
  of service.

  S 168. Notice of order of protection. 1. In any case in which an order
  of  protection  or  temporary  order  of protection has been made by the
  family court, the clerk of the court shall issue a copy of such order to
  the petitioner and respondent and to any other person  affected  by  the
  order. The presentation of a copy of an order of protection or temporary
  order  of  protection  or  a  warrant or a certificate of warrant to any
  peace officer, acting pursuant to his special duties, or police  officer
  shall  constitute  authority  for  him  to  arrest a person charged with
  violating the terms of such order of protection or  temporary  order  of
  protection and bring such person before the court and, otherwise, so far
  as  lies  within his power, to aid in securing the protection such order
  was  intended  to  afford,  provided,  however,  that  any  outstanding,
  unexpired  certificate  of  order  of  protection  or temporary order of
  protection shall have the same force and effect as a copy of such  order
  or temporary order.
    2.  A  copy of an order of protection or temporary order of protection
  shall be filed by the clerk of the court with the  sheriff's  office  or
  police  department in the county in which the petitioner resides, or, if
  the petitioner resides within a city, with the police department of such
  city. A  copy  of  such  order  of  protection  or  temporary  order  of
  protection may from time to time be filed by the clerk of the court with
  any  other  police department or sheriff's office having jurisdiction of
  the residence, work place and school of anyone intended to be  protected
  by  such  order. A copy of the order of protection or temporary order of
  protection may also be filed by  the  petitioner  with  any  appropriate
  police   department   or   sheriff's  office  having  jursidiction.  Any
  subsequent amendment or revocation of such order shall be filed  in  the
  same  manner  as herein provided. Any outstanding, unexpired certificate
  or order of protection or temporary order of protection shall  be  filed
  in  the  same  manner  as  a copy of an order of protection or temporary
  order of protection.
    3. Any order of protection or temporary order of protection issued  by
  the  family  court shall bear, in a conspicuous manner, the language, as
  the case may be, "this order constitutes  an  order  of  protection"  or
  "this  order  constitutes a temporary order of protection", on the front
  page of said order. The  order  of  protection  or  temporary  order  of
  protection  shall  also  contain  the  following  notice: "This order of
  protection will remain in effect even if the  protected  party  has,  or
  consents  to  have, contact or communication with the party against whom
  the order is issued. This order of protection can only  be  modified  or
  terminated  by  the court. The protected party cannot be held to violate
  this order nor be arrested for violating this order.".  The  absence  of
  such language shall not affect the validity of such order.

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