Skip to main content
Verified Current

N.Y. CPLR § 6341

N.Y. CPLR § 6341 - Application for an Extreme Risk Protection Order (2024)

Official Source
Official source link unavailable
Freshness
Verified Currentlast checked

Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 6341, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6341 Application for an extreme risk protection order § 6341. Application for an extreme risk protection order. Inaccordance with this article, a petitioner may file an application,which shall be sworn, and accompanying supporting documentation, settingforth the facts and circumstances justifying the issuance of an extremerisk protection order. Provided, however, that a petitioner that is alaw enforcement agency that employs a police officer, as such termdefined in section 1.20 of the criminal procedure law, or is a policeofficer or district attorney with jurisdiction in the county or citywhere the person against whom the order is sought resides shall filesuch application upon the receipt of credible information that anindividual is likely to engage in conduct that would result in seriousharm to themself or others, as defined in paragraph one or two ofsubdivision (a) of section 9.39 of the mental hygiene law, unless suchpetitioner determines that there is no probable cause for such filing.Such application and supporting documentation shall be filed in thesupreme court in the county in which the respondent resides. The chiefadministrator of the courts shall adopt forms that may be used forpurposes of such applications and the court's consideration of suchapplications. Such application form shall include inquiry as to whetherthe petitioner knows, or has reason to believe, that the respondentowns, possesses or has access to a firearm, rifle or shotgun and if so,a request that the petitioner list or describe such firearms, rifles andshotguns, and the respective locations thereof, with as much specificityas possible.