2006 New York Code - Service Of Process Request For Order Of Protection.



 
    §  153-b. Service of process request for order of protection. Whenever
  a petitioner requests an order  of  protection  or  temporary  order  of
  protection under any article of this act:
    (a)  the  summons  and  the  petition and, if one has been issued, the
  temporary order of protection, 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 may serve the summons and the petition and, if one  has
  been issued, the temporary order of protection;
    (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 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 the family court
  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 hereunder 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
  subdivision, and his or her employer, shall not be  liable  for  damages
  resulting   from  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) 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.   When  the  temporary  order  of  protection  or  order  of
  protection and other 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  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.

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