New York State Law

Article 6 - Part 5 - Family Court

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• Part 5

  S 671. Issuance of warrant; certificate of warrant. (a) The court may
  issue a warrant, directing that  the  respondent  be  arrested,  brought
  before  the  court,  when  a  petition  is  presented to the court under
  sections six  hundred  fourteen,  six  hundred  fifty-one,  six  hundred
  fifty-four,  six  hundred  fifty-five  and six hundred fifty-six of this
  article or section three hundred eighty-four-b of  the  social  services
  law and it appears that:
    (i) the summons cannot be served; or
    (ii) the respondent has failed to obey the summons; or
    (iii) the respondent is likely to leave the jurisdiction; or
    (iv) a summons, in the court's opinion, would be ineffectual; or
    (v) the safety of the petitioner or child is endangered; or
    (vi) a respondent on bail or on parole has failed to appear.
    (b)  The petitioner may not serve a warrant upon the respondent unless
  the court itself grants such permission  upon  the  application  of  the
  petitioner. The clerk of the court may issue to the petitioner or to the
  representative  of  an  incorporated charitable or philanthropic society
  having a legitimate interest in the family a certificate stating that  a
  warrant   for   the  respondent  has  been  issued  by  the  court.  The
  presentation of such certificate by said petitioner or representative to
  any peace officer, acting pursuant to  his  special  duties,  or  police
  officer authorizes him to arrest the respondent and take him to court.
    (c)  A  certificate  of  warrant  expires ninety days from the date of
  issue but may be renewed from time to time by the clerk of the court.
    (d) Rules of court  shall  provide  that  a  record  of  all  unserved
  warrants  be kept and that periodic reports concerning unserved warrants
  be made.on.

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