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New York Family Court - Part 3 - § 655 Temporary Order of Protection

Legal Research Home > New York Laws > New York Family Court (FCT) > New York Family Court - Part 3 - § 655 Temporary Order of Protection

 
    §  655.  Temporary  order  of  protection.  (a)  Upon  the filing of a
  petition or counter-claim under this article, the court for  good  cause
  shown may issue a temporary order of protection which may contain any of
  the  provisions authorized on the making of an order of protection under
  section six hundred fifty-six of this article.
    (b) A temporary order of protection is not a finding of wrongdoing.
    (c) The court may issue or extend a temporary order of  protection  ex
  parte  or  on  notice  simultaneously  with  the  issuance  of a warrant
  directing that the respondent be arrested and brought before  the  court
  pursuant to section six hundred seventy-one of this article.
    (d)  The  court  shall not require anyone seeking a temporary order of
  protection under this section to first  request  that  child  protective
  services  investigate  the allegations or to first request permission to
  file a petition under article ten of this act.
    Notwithstanding the foregoing provisions, an order of  protection,  or
  temporary order of protection where applicable, may be entered against a
  former  spouse  and  persons  who  have a child in common, regardless of
  whether such persons have been married or have  lived  together  at  any
  time,  or against a member of the same family or household as defined in
  subdivision one of section eight hundred twelve of this act.

Last modified: February 18, 2012