2006 New York Code - Order Of Protection.



 
    §  551. Order of protection. The court may make an order of protection
  in assistance or as a condition of  any  other  order  made  under  this
  article.  The order of protection may set forth reasonable conditions of
  behavior  to  be  observed  for  a  specified  time by the petitioner or
  respondent or both. 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 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, whether or not  an  order  of
  filiation is made.
    (i)  to  observe such other conditions as are necessary to further the
  purposes of protection.
    The court may also award custody of the child, during the term of  the
  order  of  protection  to  either  parent, or to an appropriate relative
  within the second degree. Nothing in this section gives the court  power
  to  place  or board out any child or to commit a child to an institution
  or agency. In making orders of protection, the court shall so act as  to
  insure  that in the care, protection, discipline and guardianship of the
  child his religious faith shall be preserved and protected.
    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 whether
  such persons have been married or have lived together at any time.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.