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New York Family Court - Part 3 - § 656 Order of Protection

Legal Research Home > New York Laws > New York Family Court (FCT) > New York Family Court - Part 3 - § 656 Order of Protection

 
    §  656. Order of protection. The court may make an order of protection
  and an order of probation in assistance or as a condition of  any  other
  order  made  under  this  part.  The  order  of protection may set forth
  reasonable conditions of behavior to be observed for a specific time  by
  any  petitioner  or  any  respondent,  and  shall specify if an order of
  probation is in effect. No order of protection may direct any  party  to
  observe  conditions of behavior unless the party requesting the order of
  protection  has  served  and  filed  a  petition  or  counter-claim   in
  accordance  with  section  one hundred fifty-four-b of this act. Such an
  order may require the petitioner or the respondent:
    (a) to  stay  away  from  the  home,  school,  business  or  place  of
  employment of any other party, the other spouse or parent, or the child,
  and  to  stay  away  from  any other specific location designated by the
  court;
    (b) to permit a parent, or a person entitled to visitation by a  court
  order or a separation agreement, to visit the child at stated periods;
    (c)  to  refrain  from  committing  a  family  offense,  as defined in
  subdivision one of section eight hundred twelve  of  this  act,  or  any
  criminal  offense  against  the  child  or  against  the other parent or
  against any person to whom custody of the  child  is  awarded,  or  from
  harassing, intimidating or threatening such persons;
    (d)  to  permit  a  designated  party  to enter the residence during a
  specified period of time in order to remove personal belongings  not  in
  issue in this proceeding or in any other proceeding or action under this
  act or the domestic relations law;
    (e)  to  refrain  from  acts  of commission or omission that create an
  unreasonable risk to the health, safety or welfare of a child;
    (f) to participate in an educational program  and  to  pay  the  costs
  thereof  if  the  person  has  the means to do so, provided however that
  nothing contained herein shall be deemed to require payment of the costs
  of any such program by the state or any political subdivision thereof;
    (g) to provide, either directly or by  means  of  medical  and  health
  insurance,  for expenses incurred for medical care and treatment arising
  from the incident or incidents forming the basis for the issuance of the
  order;
    (h) to pay the reasonable counsel fees and disbursements  involved  in
  obtaining  or enforcing the order of the person who is protected by such
  order if such order is issued or enforced.
    (i) 1. to refrain from  intentionally  injuring  or  killing,  without
  justification,  any  companion  animal the respondent knows to be owned,
  possessed, leased, kept or held by  the  petitioner  or  a  minor  child
  residing in the household.
    2.  "Companion  animal",  as used in this section, shall have the same
  meaning as in subdivision five of section three  hundred  fifty  of  the
  agriculture and markets law.
    (j)  to  observe such other conditions as are necessary to further the
  purposes of protection.
    The court shall not require anyone  seeking  an  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.

    In addition to the foregoing provisions, the court may issue an order,
  pursuant to section two hundred twenty-seven-c of the real property law,
  authorizing the party for whose benefit any order of protection has been
  issued  to terminate a lease or rental agreement pursuant to section two
  hundred twenty-seven-c of the real property law.
    In  any proceeding pursuant to this article, a court shall not deny an
  order of protection, or dismiss an application for such an order, solely
  on the basis  that  the  acts  or  events  alleged  are  not  relatively
  contemporaneous  with  the  date of the application or the conclusion of
  the action. The duration of any temporary order shall not by itself be a
  factor in determining the length or issuance of any final order.

Last modified: February 18, 2012