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Family Court Law

Consolidated Laws of NY's FCA code

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Part 5 - Article 1 - Family Court

GENERAL POWERS

Section Description
151 Judges as magistrates.
152 Power to administer oaths.
153 Subpoena, warrant and other process to compel attendance.
153-A Warrant of arrest; when and how executed.
153-B Service of process request for order of protection.
153-C Temporary order of protection.
154 Subpoena, warrant and other process to compel attendance.
154-A Warrant of arrest; when and how executed.
154-B Service of process request for order of protection.
154-C Temporary order of protection.
154-D Subpoena, warrant and other process to compel attendance.
154-E Warrant of arrest; when and how executed.
155 Service of process request for order of protection.
155-A Temporary order of protection.
156 Subpoena, warrant and other process to compel attendance.
157 Warrant of arrest; when and how executed.
158 Service of process request for order of protection. 
  S 151. Judges  as  magistrates.  Judges  of  the  family  court  are
  magistrates.

  S 152. Power  to  administer  oaths. (a) Each family court judge may
  administer oaths and take acknowledgments, and may designate an official
  of his court so to do.
    (b) In conducting a hearing under this act, a judge may dispense  with
  the formality of placing a minor under oath before taking his testimony.

  S 153. Subpoena, warrant and other process to compel attendance.  The
  family court may issue a subpoena or in a proper case a warrant or other
  process to secure or compel the attendance of  an  adult  respondent  or
  child  or  any  other person whose testimony or presence at a hearing or
  proceeding is deemed by the court to be necessary, and to admit to,  fix
  or  accept  bail, or parole him pending the completion of the hearing or
  proceeding. The court is also authorized to issue a subpoena duces tecum
  in accordance with the applicable provisions of the civil  practice  act
  and,  upon  its  effective  date,  in  accordance  with  the  applicable
  provisions of the CPLR.  A judge of the family court is also  authorized
  to  hear  and  decide motions relating to child support subpoenas issued
  pursuant to section one hundred eleven-p of the social services law.

  S 153-a. Warrant  of arrest; when and how executed. (a) A warrant of
  arrest may be executed on any day of the week, and at any  hour  of  the
  day or night.
    (b)  Unless  encountering physical resistance, flight or other factors
  rendering normal procedure impractical,  the  arresting  police  officer
  must  inform the subject named therein that a warrant for his arrest for
  attendance at the proceeding designated therein has  been  issued.  Upon
  request of such subject, the police officer must show him the warrant if
  he  has  it  in his possession. The officer need not have the warrant in
  his possession, and, if he has not, he must show it to the subject  upon
  request as soon after the arrest as possible.
    (c)  In  order  to  effect the arrest, the police officer may use such
  physical force as is justifiable pursuant to section 35.30 of the  penal
  law.
    (d)  In  order  to effect the arrest, the police officer may enter any
  premises in which he reasonably believes the subject named therein to be
  present. Before such entry, he must give, or make reasonable  effort  to
  give, notice of his authority and purpose to an occupant thereof.
    (e)  If the officer, after giving such notice, is not admitted, he may
  enter such premises, and by a breaking if necessary.

  S 153-b. Service of process request for order of protection. Whenever
  a petitioner requests an order  of  protection  or  temporary  order  of
  protection  or  files  for  an  extension of such order or a petition or
  motion for modification or a  violation  of  such  an  order  under  any
  article of this act:
    (a)  the  summons  and  the  petition and, if one has been issued, the
  temporary order  of  protection,  order  of  protection  issued  upon  a
  default,  or  a  copy or copies thereof, may be served on any day of the
  week, and at any hour of the day or night;
    (b) a peace officer, acting pursuant to his or her special duties,  or
  a  police  officer shall, upon receipt, serve or provide for the service
  of the summons and the petition together with any associated papers and,
  if one has been issued, the temporary order of protection, or  order  of
  protection  issued  upon  a  default and shall not charge a fee for such
  service, including, but not limited to, fees as provided  under  section
  eight thousand eleven of the civil practice law and rules;
    (c) if a temporary order of protection has been issued, or an order of
  protection  has  been issued upon a default, unless the party requesting
  the order states on the record that she or he  will  arrange  for  other
  means  for  service  or  deliver  the order to a peace or police officer
  directly for service, the court shall immediately deliver a copy of  the
  temporary  order  of protection or order of protection together with any
  associated papers  that  may  be  served  simultaneously  including  the
  summons  and petition, to a peace officer, acting pursuant to his or her
  special duties and designated by the court, or to a  police  officer  as
  defined  in  paragraph  (b) or (d) of subdivision thirty-four of section
  1.20 of the criminal procedure law, or to any other county or  municipal
  officer  who may be directed to effect service under section two hundred
  fifty-five of this act, or, in the city of New  York,  to  a  designated
  representative  of  the  police  department of the city of New York. Any
  peace or police officer or designated person receiving a temporary order
  of protection or an order of protection  as  provided  in  this  section
  shall  serve  or  provide  for  the  service  thereof  together with any
  associated papers that may be  served  simultaneously,  at  any  address
  designated   therewith,  including  the  summons  and  petition  if  not
  previously served. Service of such temporary  order  of  protection,  or
  order   of   protection,   and   associated  papers,  shall  insofar  as
  practicable, be achieved  promptly.  An  officer  or  designated  person
  obliged  to  perform  service  pursuant  to this section, and his or her
  employer, shall not be liable for damages resulting from the failure  to
  achieve  service where, having made a reasonable effort, such officer is
  unable to locate and serve the temporary order of protection or order of
  protection at any address provided by the party requesting the order;
    (d) where the temporary order of protection or order of protection and
  papers, if any, have been served,  such  officer  or  designated  person
  shall provide the court with an affirmation, certificate or affidavit of
  service  when  the  temporary order of protection or order of protection
  has been served, and shall provide notification of the date and time  of
  such  service to the statewide computer registry established pursuant to
  section two hundred twenty-one-a  of  the  executive  law.  A  statement
  subscribed  by  the officer or designated person, and affirmed by him or
  her to be true under  the  penalties  of  perjury,  stating  the  papers
  served,  the  date,  time,  address or in the event there is no address,
  place, and manner of service, the name and a brief physical  description
  of  the  party  served,  shall  be  proof of the service of the summons,
  petition and temporary order of protection or order of protection;
    * (e) Notwithstanding any  other  provision  of  law,  all  orders  of
  protection  and  temporary  orders of protection issued pursuant to this
  act along with any associated papers that may be  served  simultaneously
  may,  for  the  purposes  of  section  one  hundred  sixty-eight of this
  article, be transmitted by facsimile transmission  or  electronic  means
  and may be transmitted by facsimile transmission or electronic means for
  expedited service in accordance with the provisions of this section. For
  purposes  of  this  section,  "facsimile  transmission"  and "electronic
  means" shall be as defined in subdivision (f) of rule twenty-one hundred
  three of the civil practice law and rules.
    * NB There are 2 sb (e)'s
    * (e) where an officer or designated person obliged to perform service
  pursuant to this section is unable to complete service of the  temporary
  order  of  protection  or order of protection such officer or designated
  person shall provide the court with proof of attempted  service  of  the
  temporary  order  of  protection or order of protection with information
  regarding the dates, times, locations and manner of  attempted  service.
  An  affirmation,  certificate  or  affidavit of service with a statement
  subscribed by the officer or designated person, and affirmed by  him  or
  her  to  be true under the penalties of perjury, stating the name of the
  party and the papers attempted to be served on said person, and for each
  attempted service, the date, time, address or in the event there  is  no
  address,  place,  and  manner  of  attempted  service, shall be proof of
  attempted service.
    * NB There are 2 sb (e)'s

  S 153-c. Temporary order of protection. (a) Any person appearing at
  family court when the court is open  requesting  a  temporary  order  of
  protection  under  any  article  of this act shall be entitled to file a
  petition without delay on the same day such person first appears at  the
  family  court,  and  a hearing on that request shall be held on the same
  day or the next day that the family court is open following  the  filing
  of such petition.
    (b)  As  provided  in  this  section,  the  chief administrator of the
  courts, with the approval of the administrative board of the courts, may
  promulgate rules to establish and implement  a  pilot  program  for  the
  filing  of  petitions  for  temporary orders of protection by electronic
  means and for the issuance of such orders ex parte by audio-visual means
  in order to accommodate litigants for whom attendance at court  to  file
  for,  and obtain, emergency relief would constitute an undue hardship or
  to accommodate litigants, for whom traveling to  and  appearing  in  the
  courthouse  to  obtain  emergency relief, creates a risk of harm to such
  litigant.
    (1) Definitions. As used in this section:
    (i) "Electronic means" means any method of transmission of information
  between computers or other machines designed for the purpose of  sending
  and  receiving  such  transmissions,  and  which allows the recipient to
  reproduce  the  information  transmitted  in  a   tangible   medium   of
  expression.
    (ii)  "Independent audio-visual system" means an electronic system for
  the transmission and receiving of audio and visual signals, encompassing
  encoded signals, frequency domain multiplexing or other  suitable  means
  to  preclude  the  unauthorized reception and decoding of the signals by
  commercially available  television  receivers,  channel  converters,  or
  other available receiving devices.
    (iii) "Electronic appearance" means an appearance in which one or more
  of  the  parties are not present in the court, but in which, by means of
  an  independent  audio-visual  system,  all  of  the  participants   are
  simultaneously  able  to  see  and  hear reproductions of the voices and
  images of the judge, counsel,  parties,  witnesses,  if  any  and  other
  participants.
    (2)  Development  of  a  pilot  program.  A  plan  for a pilot program
  pursuant to this section shall be developed by the  chief  administrator
  of  the  courts  or his or her delegate in consultation with one or more
  local programs providing assistance to victims of domestic violence, the
  office for the  prevention  of  domestic  violence,  and  attorneys  who
  represent  family  offense petitions. The plan shall include, but is not
  limited to:
    (i)  identification  of  one  or  more  family  justice   centers   or
  organizations  or  agencies  or  other sites outside of the local family
  court that  are  equipped  with,  or  have  access  to,  an  independent
  audio-visual  system  and electronic means for filing documents that are
  compatible  with  the  equipment  in  the  local  family   court,   with
  consideration  given to the location of such site or sites and available
  resources; and
    (ii)  identification  of  one   or   more   licensed   and   certified
  organizations,  agencies  or  entities  with  advocates  for  victims of
  domestic violence who are trained, and available to  assist  petitioners
  in preparing and filing petitions for temporary orders of protection and
  in  their  electronic appearances before the family court to obtain such
  orders; and
    (iii) identification of the  existing  resources  available  in  local
  family courts for the implementation and oversight of the pilot program;
  and
    (iv)  delineation  of  procedures  for  filing  of  the  petitions and
  documents, if any, by electronic means, swearing in the petitioners  and
  any  witnesses,  preparation  of  a  verbatim transcription of testimony
  presented and a record of evidence adduced and  prompt  transmission  of
  any orders issued to the petitioners; and
    (v)  a  timetable for implementation of the pilot program and plan for
  informing the public of its availability; and
    (vi) a description of data to be collected in order to  evaluate  and,
  if  necessary,  make  recommendations  for  improvements  to  the  pilot
  program.
    (3) Filing by electronic means.  In  conjunction  with  an  electronic
  appearance under this section, petitioners for ex parte temporary orders
  of  protection  may,  with the assistance of trained advocates, commence
  the proceedings by filing petitions by electronic means.
    (i) A petitioner who seeks a temporary order of protection ex parte by
  use of an electronic appearance must file a petition in advance of  such
  appearance  and  may do so by electronic means. The petitioner shall set
  forth the circumstances in  which  traveling  to  or  appearing  in  the
  courthouse  would constitute an undue hardship, or create a risk of harm
  to the petitioner. In granting or  denying  the  relief  sought  by  the
  petitioner,  the  court  shall  state the names of all participants, and
  whether it is granting or denying an appearance by electronic means  and
  the  basis  for  such  determination; provided, however, that nothing in
  this section shall be construed to compel a party to file a petition  or
  other  document  by  electronic  means  or  to  testify  by  means of an
  electronic appearance.
    (ii) Nothing in this section shall affect or change any existing  laws
  governing  the  service  of process, including requirements for personal
  service, or the sealing and confidentiality of court records  in  family
  court  proceedings,  or  access  to court records by the parties to such
  proceedings.
    (4) (i) All electronic appearances by  petitioners  seeking  temporary
  orders  of  protection  ex  parte  under  this section shall be strictly
  voluntary and the consent of such petitioners  shall  be  given  on  the
  record at the commencement of each appearance.
    (ii)  Appearances  taken  through  the use of an electronic appearance
  under this section shall be recorded and  preserved  for  transcription.
  Documentary  evidence,  if any, referred to by a party or witness or the
  court may be transmitted and  submitted  and  introduced  by  electronic
  means.

  S 154. State-wide  process. (a) The family court may send process or
  other mandates in any matter in  which  it  has  jurisdiction  into  any
  county of the state for service or execution in like manner and with the
  same force and effect as similar process or mandates of county courts as
  provided by law.
    (b)  In a proceeding to establish paternity or to establish, modify or
  enforce support, the court may send process without  the  state  in  the
  same manner and with the same effect as process sent within the state in
  the  exercise  of  personal  jurisdiction over any person subject to the
  jurisdiction of the court under  section  three  hundred  one  or  three
  hundred two of the civil practice law and rules or under section 580-201
  of  article  five-B  of  the family court act, notwithstanding that such
  person is not a resident or domiciliary of the state.
    (c) In a proceeding arising under article four, five,  six,  eight  or
  ten  of this act in which an order of protection is sought or in which a
  violation of an order of protection  is  alleged,  the  court  may  send
  process without the state in the same manner and with the same effect as
  process  sent  within the state in the exercise of personal jurisdiction
  over any person, subject to the jurisdiction of the court under  section
  three  hundred  one  or  three hundred two of the civil practice law and
  rules, notwithstanding that such person is not a resident or domiciliary
  of the state, so long as: (1)  the  act  or  acts  giving  rise  to  the
  application  for  issuance  or  enforcement  of  the order of protection
  occurred within the state; and  (2)  the  applicant  for  the  order  of
  protection  resides  or  is  domiciled  in  the state or has substantial
  contacts in the state, including but  not  limited  to,  presence  on  a
  regular basis in the state. Upon good cause shown, the court may issue a
  temporary  order  of  protection  in accordance with article four, five,
  six, eight or ten of  this  act.  Where  personal  jurisdiction  over  a
  non-resident  or  non-domiciliary respondent would not be obtainable but
  for  this  subdivision,  the  papers  to  be  served  shall  include   a
  conspicuous  notice that the exercise of such jurisdiction is limited to
  the issue of the order of protection. Where service of  a  petition  and
  summons  upon  a non-resident or non-domiciliary respondent is required,
  such service shall be made at least twenty days before the return  date.
  Where  service  is  effected  on  an  out-of-state  respondent  and  the
  respondent defaults by failing to appear,  the  court  may  on  its  own
  motion,  or upon application of any party or the attorney for the child,
  proceed to a hearing with respect to  issuance  or  enforcement  of  the
  order  of  protection.  Nothing  in  this  section shall be construed to
  affect or alter the exercise of personal jurisdiction  with  respect  to
  issues other than the order of protection.

  S 154-a. Service of petition. In every proceeding in family court, a
  copy of the petition filed therein shall be served upon  the  respondent
  at the time of service of process or, if that is not practicable, at the
  first court appearance by respondent.

  S 154-b. Order   of   protection;   answer   and   counter-claims;
  confidentiality of address. 1.  In every proceeding under articles four,
  five, six and eight of this act in  which  an  order  of  protection  is
  requested,  the  respondent  may  file  with  the court an answer to the
  petition and a counter-claim. A counter-claim shall be heard in the same
  manner as a petition and  may  be  heard  on  the  return  date  of  the
  petition, provided that the counter-claim is served on the petitioner no
  later than five days prior to the return date and said counter-claim and
  proof  of  service  is filed with the court. The petitioner may file and
  serve a reply to the counter-claim. A denial of the allegations  of  the
  counter-claim  shall  be  presumed  if  the petitioner does not file and
  serve a reply.
    2.  (a) Notwithstanding any other provision of law, in any  proceeding
  under article four, five, five-b, six, eight or ten of this act, whether
  or not an order of protection or temporary order of protection is sought
  or  has  been  sought in the past, the court may, upon its own motion or
  upon the motion of any party or  the  child's  attorney,  authorize  any
  party  or  the  child  to  keep his or her address confidential from any
  adverse party or the child, as appropriate, in any  pleadings  or  other
  papers  submitted to the court, where the court finds that disclosure of
  such address or other identifying information would pose an unreasonable
  risk to the health or safety of a party or the  child.  Pending  such  a
  finding,  any  address  or other identifying information of the child or
  party seeking confidentiality shall be safeguarded and sealed  in  order
  to prevent its inadvertent or unauthorized use or disclosure.
    (b) Notwithstanding any other provision of law, if a party and a child
  has  resided or resides in a residential program for victims of domestic
  violence as defined in section four hundred fifty-nine-a of  the  social
  services law, the present address of such party and of the child and the
  address  of  the  residential  program  for victims of domestic violence
  shall not be revealed.
    (c) Upon such authorization, the court shall designate  the  clerk  of
  the  court  or  such other disinterested person as it deems appropriate,
  with consent of such disinterested person, as the agent for  service  of
  process  for the party whose address is to remain confidential and shall
  notify the adverse party of such designation in writing.  The  clerk  or
  disinterested  person  designated  by  the court shall, when served with
  process on behalf of the party whose address is to remain  confidential,
  promptly  notify  such party whose address is to remain confidential and
  forward such process to him or her.
    (d) In any case in which such confidentiality authorization  is  made,
  the party whose address is to remain confidential shall inform the clerk
  of  the  court  or  disinterested  person designated by the court of any
  change in address for purposes of receipt of service of process  or  any
  papers.

  S 154-c. Orders of protection; procedural requirements. 1. Expiration
  dates. Any order of protection or temporary order of  protection  issued
  under articles four, five, six and eight of this act shall plainly state
  the date that such order expires.
    2.  Modifications  of  orders  of  protection.  Except  as provided in
  subdivision two of section one hundred fifty-four-d  of  this  act,  any
  motion to vacate or modify any order of protection or temporary order of
  protection  issued  under  this act shall be on notice to the non-moving
  party and the child's attorney, if any.
    3. Pleadings and requisite findings. No order of protection may direct
  any party to observe  conditions  of  behavior  unless:  (i)  the  party
  requesting  the  order  of protection has served and filed a petition or
  counter-claim in accordance with article four, five,  six  or  eight  of
  this  act and, (ii) the court has made a finding on the record that such
  party is entitled to issuance of  the  order  of  protection  which  may
  result  from  a  judicial  finding  of  fact,  judicial acceptance of an
  admission by the party against whom the order  was  issued  or  judicial
  finding  that  the  party  against  whom  the  order is issued has given
  knowing, intelligent and voluntary  consent  to  its  issuance.  Nothing
  herein  shall  be deemed to limit or restrict the authority of the court
  to issue a temporary order of protection on an ex parte basis.

  S 154-d. Emergency  powers;  local  criminal  courts. 1. Issuance of
  temporary orders of protection. Upon the request of  the  petitioner,  a
  local criminal court may on an ex parte basis issue a temporary order of
  protection  pending  a  hearing  in  family court, provided that a sworn
  affidavit, certified in  accordance  with  subdivision  one  of  section
  100.30 of the criminal procedure law is submitted: (i) alleging that the
  family  court is not in session; (ii) alleging that a family offense, as
  defined in subdivision one of section eight hundred twelve of  this  act
  or  subdivision one of section 530.11 of the criminal procedure law, has
  been committed; (iii) alleging that a family offense petition  has  been
  filed  or  will be filed in family court on the next day the court is in
  session; and (iv)  showing  good  cause.  Upon  appearance  in  a  local
  criminal  court,  the  petitioner  shall  be  advised that he or she may
  continue with the proceeding either in family court or, upon the  filing
  of  a  local  criminal court accusatory instrument, in criminal court or
  both. Upon issuance of a temporary order of protection where  petitioner
  requests that it be returnable in family court, the local criminal court
  shall  transfer  the matter forthwith to the family court and shall make
  the matter returnable in family court on the next day the  family  court
  is  in  session,  or  as soon thereafter as practicable, but in no event
  more than four calendar days after issuance  of  the  order.  The  local
  criminal  court, upon issuing a temporary order of protection returnable
  in family court pursuant to this subdivision shall  immediately  forward
  in a manner designed to ensure arrival before the return date set in the
  order,  a  copy of the temporary order of protection and sworn affidavit
  to the family court and shall provide a copy of such temporary order  of
  protection  to  the petitioner; provided, however, that if the temporary
  order of protection and affidavit are transmitted by facsimile or  other
  electronic means, the original order and affidavit shall be forwarded to
  the  family  court  immediately  thereafter.    Any  temporary  order of
  protection issued pursuant to this subdivision shall be  issued  to  the
  respondent and copies shall be filed as required in subdivisions six and
  eight  of  section  530.12  of  the criminal procedure law for orders of
  protection issued pursuant to such section.    Any  temporary  order  of
  protection  issued  pursuant to this subdivision shall plainly state the
  date that such order expires which, in the case of an  order  returnable
  in  family  court,  shall  be not more than four calendar days after its
  issuance, unless sooner vacated or  modified  by  the  family  court.  A
  petitioner  requesting  a  temporary  order  of protection returnable in
  family court pursuant to this subdivision in a case in  which  a  family
  court  petition has not been filed shall be informed that such temporary
  order of protection shall expire as  provided  for  herein,  unless  the
  petitioner files a petition pursuant to subdivision one of section eight
  hundred  twenty-one  of  this act on or before the return date in family
  court and the family court issues a temporary  order  of  protection  as
  authorized  under article eight of this act. Nothing in this subdivision
  shall limit or restrict the petitioner's right to proceed  directly  and
  without court referral in either a criminal or family court, or both, as
  provided  for  in  section  one  hundred fifteen of this act and section
  100.07 of the criminal procedure law.
    2. Modifications of  orders  of  protection  or  temporary  orders  of
  protection.  Upon  the request of the petitioner, a local criminal court
  may on an ex parte basis modify a temporary order of protection or order
  of protection which has been issued under article  four,  five,  six  or
  eight  of  this  act  pending a hearing in family court, provided that a
  sworn affidavit, verified in accordance with subdivision one of  section
  100.30  of  the  criminal procedure law, is submitted: (i) alleging that
  the family court  is  not  in  session  and  (ii)  showing  good  cause,
  including  a  showing  that  the  existing order is insufficient for the
  purposes of protection of the  petitioner,  the  petitioner's  child  or
  children  or  other members of the petitioner's family or household. The
  local criminal court shall make the matter regarding the modification of
  the order returnable in family court on the next day the family court is
  in  session,  or as soon thereafter as practicable, but in no event more
  than four calendar days after issuance of the modified order. The  local
  criminal court shall immediately forward, in a manner designed to ensure
  arrival  before the return date set in the order, a copy of the modified
  order if any and sworn affidavit to the family court and shall provide a
  copy of such modified order, if any, and affidavit  to  the  petitioner;
  provided,  however,  that  if  the  modified  order  and  affidavit  are
  transmitted to the family court by facsimile or other electronic  means,
  the  original  copy  of  such  modified  order  and  affidavit  shall be
  forwarded to the  family  court  immediately  thereafter.  Any  modified
  temporary  order of protection or order of protection issued pursuant to
  this subdivision shall be issued to the respondent, and copies shall  be
  filed as provided in subdivisions six and eight of section 530.12 of the
  criminal  procedure law for orders of protection issued pursuant to such
  section.

  S 154-e. Orders of protection; filing and enforcement of out-of-state
  orders. A valid order of protection or  temporary  order  of  protection
  issued   by   a  court  of  competent  jurisdiction  in  another  state,
  territorial or tribal jurisdiction shall  be  accorded  full  faith  and
  credit and enforced under article eight of this act as if it were issued
  by  a  court within the state for as long as the order remains in effect
  in the issuing jurisdiction in accordance with sections two thousand two
  hundred sixty-five and two  thousand  two  hundred  sixty-six  of  title
  eighteen of the United States Code.
    1.  An  order  issued  by a court of competent jurisdiction in another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    a. the issuing court had personal jurisdiction over  the  parties  and
  over the subject matter under the law of the issuing jurisdiction;
    b.  the person against whom the order was issued had reasonable notice
  and an opportunity to be heard prior to issuance of the order; provided,
  however, that if the order was a temporary order of protection issued in
  the absence of such person, that notice  had  been  given  and  that  an
  opportunity  to be heard had been provided within a reasonable period of
  time after the issuance of the order; and
    c. in the  case  of  orders  of  protection  or  temporary  orders  of
  protection issued against both a petitioner and respondent, the order or
  portion  thereof  sought to be enforced was supported by: (i) a pleading
  requesting such order,  including,  but  not  limited  to,  a  petition,
  cross-petition  or  counterclaim;  and  (ii) a judicial finding that the
  requesting party is entitled to the issuance  of  the  order  which  may
  result  from  a  judicial  finding  of  fact,  judicial acceptance of an
  admission by the party against whom the order  was  issued  or  judicial
  finding  that  the  party  against  whom  the order was issued had given
  knowing, intelligent and voluntary consent to its issuance.
    2. Notwithstanding the provisions of article fifty-four of  the  civil
  practice  law  and  rules,  an order of protection or temporary order of
  protection issued by a court of competent jurisdiction in another state,
  territorial or tribal jurisdiction, accompanied  by  a  sworn  affidavit
  that  upon information and belief such order is in effect as written and
  has not been vacated or modified, may be  filed  without  fee  with  the
  clerk of the family court, who shall transmit information regarding such
  order  to  the  statewide  registry of orders of protection and warrants
  established  pursuant  to  section  two  hundred  twenty-one-a  of   the
  executive  law;  provided,  however, that such filing and registry entry
  shall not be required for enforcement of the order.

  S 155. Arrested  adult.  1. If an adult respondent is arrested under
  this act when the family court is not in session, he  or  she  shall  be
  taken to the most accessible magistrate and arraigned. The production of
  a  warrant  issued by the family court, a certificate of warrant, a copy
  or a certificate of the  order  of  protection  or  temporary  order  of
  protection,  an order of protection or temporary order of protection, or
  a record of such warrant or order from the statewide  computer  registry
  established   pursuant  to  section  two  hundred  twenty-one-a  of  the
  executive law shall  be  evidence  of  the  filing  of  an  information,
  petition  or  sworn  affidavit,  as  provided  in  section  one  hundred
  fifty-four-d  of  this  article.  Upon   consideration   of   the   bail
  recommendation,  if  any,  made by the family court and indicated on the
  warrant or certificate of warrant, the magistrate shall thereupon commit
  such respondent to the custody of the sheriff, as defined in subdivision
  thirty-five of section 1.20 of the criminal procedure law, admit to, fix
  or accept bail, or parole him or  her  for  hearing  before  the  family
  court,  subject  to the provisions of subdivision four of section 530.11
  of the criminal procedure law concerning arrests upon a violation of  an
  order of protection.
    2. If no warrant, order of protection or temporary order of protection
  has  been  issued  by the family court, whether or not an information or
  petition has been filed, and an act alleged to be a  family  offense  as
  defined  in  section eight hundred twelve of this act is the basis of an
  arrest, the magistrate  shall  permit  the  filing  of  an  information,
  accusatory  instrument or sworn affidavit as provided for in section one
  hundred fifty-four-d  of  this  article,  verified  in  accordance  with
  subdivision  one  of  section  100.30  of  the  criminal  procedure law,
  alleging facts in support of a petition pursuant  to  article  eight  of
  this  act.  The magistrate shall thereupon commit such respondent to the
  custody of the sheriff, as defined in subdivision thirty-five of section
  1.20 of the criminal procedure law, admit to, fix  or  accept  bail,  or
  parole  such  respondent  for  hearing  before  the  family court and/or
  appropriate criminal court.
    3. The protected party in whose  favor  the  order  of  protection  or
  temporary  order  of  protection is issued may not be held to violate an
  order issued in his or  her  favor  nor  may  such  protected  party  be
  arrested for violating such order.

  S 155-a. Admission  to  bail.  A  desk officer in charge at a police
  station, county jail or police  headquarters,  or  any  of  his  or  her
  superior  officers,  may,  in  such place, take cash bail for his or her
  appearance before the appropriate court the next morning from any person
  arrested pursuant to a warrant issued by the family court; provided that
  such arrest occurs between eleven  o'clock  in  the  morning  and  eight
  o'clock the next morning, except that in the city of New York bail shall
  be taken between two o'clock in the afternoon and eight o'clock the next
  morning.  The  amount of such cash bail shall be the amount fixed in the
  warrant of arrest.

  S 156. Contempts.  The  provisions  of the judiciary law relating to
  civil and criminal contempts shall apply to  the  family  court  in  any
  proceeding in which it has jurisdiction under this act or any other law,
  and  a  violation of an order of the family court in any such proceeding
  which  directs  a  party,  person,  association,  agency,   institution,
  partnership  or  corporation  to  do an act or refrain from doing an act
  shall be punishable under such provisions of the judiciary law, unless a
  specific punishment or other remedy for such violation  is  provided  in
  this act or any other law.

  S 157. Interpretation of this part. If there is any conflict between
  the application of any provision of this part to  any  proceeding  under
  this  act  and  any  provision  of the article of this act governing the
  proceeding, the article governing the proceeding controls.

  S 158. Protective  custody  of  material  witness; duration. (a) The
  family court may place in protective  custody  a  person  under  sixteen
  years of age who is a material witness, as provided by law.
    (b)  No order of protective custody under paragraph (a) may extend for
  a period of more than fourteen days. For good cause shown, the court may
  renew the order for additional periods of fourteen days, but  the  total
  period  of  protective  custody under this part may not exceed forty-two
  days.

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Index | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 5A | Article 5B | Article 6 | Article 7 | Article 8 | Article 9 | Article 10 | Article 10A | Article 10B | Article 10C | Article 11 | Article 12

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