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New York Family Court - Part 5 - § 453 Petition; Violation of Court Order

Legal Research Home > New York Laws > New York Family Court (FCT) > New York Family Court - Part 5 - § 453 Petition; Violation of Court Order

 
    § 453. Petition; violation of court order. Proceedings under this part
  shall be originated by the filing of a petition containing an allegation
  that the respondent has failed to obey a lawful order of this court.
    (a)  Persons who may originate and prosecute proceedings. The original
  petitioner, the support collection unit on behalf of persons in  receipt
  of  public  assistance or in receipt of services pursuant to section one
  hundred eleven-g of the social services law, or any person to  whom  the
  order  is  payable  expressly  or  who  may  originate proceedings under
  section four hundred  twenty-two  of  this  article  may  originate  and
  prosecute a proceeding under this part.
    (b)  Issuance  of  summons.  Upon  the filing of a petition under this
  part, the court may cause a copy of the petition and  a  summons  to  be
  issued,  requiring  the  respondent  to  show cause why he should not be
  dealt with in accordance with section four hundred  fifty-four  of  this
  part. The summons shall include on its face, printed or typewritten in a
  size  equal  to  at  least  eight point bold type, a notice, warning the
  respondent that a failure to appear in court  may  result  in  immediate
  arrest,  and  that,  after  an  appearance  in court, a finding that the
  respondent willfully failed to obey the order may result  in  commitment
  to  jail for a term not to exceed six months, for contempt of court. The
  notice shall also advise the respondent of the right to counsel, and the
  right to assigned counsel, if indigent.
    (c) Service of summons. Upon the issuance of a summons, the provisions
  of section four hundred twenty-seven of this article shall apply, except
  that no  order  of  commitment  may  be  entered  upon  the  default  in
  appearance  by  the  respondent  if  service has been made by mail alone
  notwithstanding proof of  actual  notice  of  the  commencement  of  the
  proceeding.
    (d) Issuance of warrant. The court may issue a warrant, directing that
  the  respondent  be  arrested  and brought before the court, pursuant to
  section four hundred twenty-eight of this article.

Last modified: February 18, 2012