New York State Law
Family Court Law
Consolidated Laws of NY's FCA code
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. Top of Page
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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