2006 New York Code - Petition; Violation Of Court Order.

 
    §  846.  Petition;  violation of court order.   Proceedings under this
  part shall be originated by the  filing  of  a  petition  containing  an
  allegation that the respondent has failed to obey a lawful order of this
  court  or  an  order  of  protection  issued  by  a  court  of competent
  jurisdiction of another state, territorial or tribal jurisdiction.
    (a) Persons who may originate proceedings. The original petitioner, or
  any person who may originate proceedings  under  section  eight  hundred
  twenty-two of this article, may originate a proceeding under this part.
    (b)  Issuance of summons. (i) Upon the filing of a petition under this
  part, the court may cause a copy of  the  petition  and  summons  to  be
  issued  requiring the respondent to show cause why respondent should not
  be dealt with in accordance with section eight  hundred  forty-six-a  of
  this part. The summons shall include on its face, printed or typewritten
  in  a size equal to at least eight point bold type, a notice warning the
  respondent that a failure to appear in court  may  result  in  immediate
  arrest,  and  that,  after  an  appearance  in court, a finding that the
  respondent willfully failed to obey the order may result  in  commitment
  to  jail for a term not to exceed six months, for contempt of court. The
  notice shall also advise the respondent of the right to counsel, and the
  right to assigned counsel, if indigent.
    (ii) Upon the  filing  of  a  petition  under  this  part  alleging  a
  violation  of  a lawful order of this or any other court, as provided in
  this section, the court may, on its own motion,  or  on  motion  of  the
  petitioner:
    (A)  hear the violation petition and take such action as is authorized
  under this article; or
    (B) retain jurisdiction to hear and determine whether  such  violation
  constitutes  contempt of court, and transfer the allegations of criminal
  conduct  constituting  such  violation  to  the  district  attorney  for
  prosecution  pursuant to section eight hundred thirteen of this article;
  or
    (C) transfer the entire proceeding to the criminal court  pursuant  to
  section eight hundred thirteen of this article.
    (c)  Service of summons. Upon issuance of a summons, the provisions of
  section eight hundred twenty-six of this  article  shall  apply,  except
  that no order of commitment may be entered upon default in appearance by
  the  respondent  if service has been made pursuant to subdivision (b) of
  such section.
    (d) Issuance of warrant. The court may issue a warrant, directing that
  the respondent be arrested and brought before  the  court,  pursuant  to
  section eight hundred twenty-seven of this article.