2006 New York Code - Order Of Protection.

 
    § 842. Order of protection. An order of protection under section eight
  hundred  forty-one of this part shall set forth reasonable conditions of
  behavior to be observed for a period not in excess of two years  by  the
  petitioner  or  respondent  or  for a period not in excess of five years
  upon (i) a finding by the court  on  the  record  of  the  existence  of
  aggravating  circumstances  as defined in paragraph (vii) of subdivision
  (a) of section eight hundred twenty-seven of this  article;  or  (ii)  a
  finding  by  the  court  on  the  record that the conduct alleged in the
  petition is in violation of a valid order of protection. Any finding  of
  aggravating  circumstances  pursuant  to this section shall be stated on
  the record and upon the order of protection.  Any  order  of  protection
  issued  pursuant  to this section shall specify if an order of probation
  is in effect. Any order of protection issued pursuant  to  this  section
  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, the  other  parent,  or
  the  child, and to stay away from any other specific location designated
  by the court, provided that the court shall make  a  determination,  and
  shall  state  such determination in a written decision or on the record,
  whether to impose a condition pursuant  to  this  subdivision,  provided
  further,  however,  that  failure to make such a determination shall not
  affect the  validity  of  such  order  of  protection.  In  making  such
  determination,  the  court  shall  consider, but shall not be limited to
  consideration of, whether the order of protection is likely  to  achieve
  its purpose in the absence of such a condition, conduct subject to prior
  orders  of  protection,  prior  incidents  of  abuse,  extent of past or
  present injury, threats, drug or alcohol abuse, and access to weapons;
    (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 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;
    (g) to require the respondent to participate in a batterer's education
  program designed  to  help  end  violent  behavior,  which  may  include
  referral  to  drug and alcohol counselling, 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 petitioner, the state or any  political  subdivision
  thereof; and
    (h)  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.
    (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. The court may also upon the showing of special  circumstances
  extend the order of protection for a reasonable period of time.
    Notwithstanding  the  provisions of section eight hundred seventeen of
  this article, where a temporary order of child support has  not  already
  been  issued,  the  court may in addition to the issuance of an order of
  protection pursuant to this section, issue an order for temporary  child
  support  in an amount sufficient to meet the needs of the child, without
  a showing of immediate or emergency need. The court shall make an  order
  for  temporary  child  support  notwithstanding  that  information  with
  respect to income and assets of the respondent may be unavailable. Where
  such information is available, the court may make an award for temporary
  child support pursuant to the formula set forth in  subdivision  one  of
  section  four  hundred thirteen of this act. Temporary orders of support
  issued pursuant to this article shall be  deemed  to  have  been  issued
  pursuant to section four hundred thirteen of this act.
    Upon  making  an  order  for  temporary child support pursuant to this
  subdivision, the court shall advise the petitioner of  the  availability
  of  child support enforcement services by the support collection unit of
  the local department of social services, to enforce the temporary  order
  and  to  assist  in  securing continued child support, and shall set the
  support matter down for further proceedings in accordance  with  article
  four of this act.
    Where  the  court determines that the respondent has employer-provided
  medical insurance, the court may further direct, as part of an order  of
  temporary  support  under  this  subdivision,  that  a  medical  support
  execution be  issued  and  served  upon  the  respondent's  employer  as
  provided  for  in  section  fifty-two  hundred  forty-one  of  the civil
  practice law and rules.
    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.