N.Y. Domestic Relations Law § 252

NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 252 — Effect of pendency of action for divorce, separati DRL § 252 Effect of pendency of action for divorce, separation orannulment on petition for order of protection. 1 ARTICLE 13 Provisions Applicable to More Than One Type of Matrimonial Action § 252. Effect of pendency of action for divorce, separation orannulment on petition for order of protection. 1. In an action fordivorce, separation or annulment or in an action to declare the nullityof a void marriage in the supreme court, the supreme court or the familycourt shall entertain an application for an order of protection ortemporary order of protection by either party. Such an order may requireany party:(a) to stay away from the home, school, business or place ofemployment of the child, other parent or any other party, and to stayaway from any other specific location designated by the court;(b) to permit a parent, or a person entitled to visitation by a courtorder or a separation agreement, to visit the child at stated periods;(c) to refrain from committing a family offense, as defined insubdivision one of section 530.11 of the criminal procedure law, or anycriminal offense against such child or against the other parent oragainst any person to whom custody of the child is awarded or fromharassing, intimidating or threatening such persons;(d) to permit a designated party to enter the residence during aspecified period of time in order to remove personal belongings not inissue in a proceeding or action under this chapter or the family courtact;(e) to refrain from acts of commission or omission that create anunreasonable risk to the health, safety or welfare of a child;(f) to pay the reasonable counsel fees and disbursements involved inobtaining or enforcing the order of the person who is protected by suchorder if such order is issued or enforced;(g) to refrain from intentionally injuring or killing, withoutjustification, any compan taining or enforcing the order of the person who is protected by suchorder if such order is issued or enforced;(g) to refrain from intentionally injuring or killing, withoutjustification, any companion animal the respondent knows to be owned,possessed, leased, kept or held by the person protected by the order ora minor child residing in such person's household. "Companion animal,"as used in this section, shall have the same meaning as in subdivisionfive of section three hundred fifty of the agriculture and markets law;(h) (1) to promptly return specified identification documents to theprotected party, in whose favor the order of protection or temporaryorder of protection is issued; provided, however, that such order may:(A) include any appropriate provision designed to ensure that any suchdocument is available for use as evidence in this proceeding, andavailable if necessary for legitimate use by the party against whom suchorder is issued; and (B) specify the manner in which such return shallbe accomplished.(2) For purposes of this paragraph, "identification document" shallmean any of the following: (A) exclusively in the name of the protectedparty: birth certificate, passport, social security card, healthinsurance or other benefits card, a card or document used to accessbank, credit or other financial accounts or records, tax returns, anydriver's license, and immigration documents including but not limited toa United States permanent resident card and employment authorizationdocument; and (B) upon motion and after notice and an opportunity to beheard, any of the following, including those that may reflect joint useor ownership, that the court determines are necessary and areappropriately transferred to the protected party: any card or documentused to access bank, credit or other financial accounts or records, taxreturns, and any other identifying cards and documents;(i) (1) to refrain from remotely controlling any connected devicesaffecting t to access bank, credit or other financial accounts or records, taxreturns, and any other identifying cards and documents;(i) (1) to refrain from remotely controlling any connected devicesaffecting the home, vehicle or property of the person protected by theorder.(2) For purposes of this paragraph, "connected device" shall mean anydevice, or other physical object that is capable of connecting to theinternet, directly or indirectly, and that is assigned an internetprotocol address or bluetooth address; and(j) to observe such other conditions as are necessary to further thepurposes of protection.1-a. Translation and interpretation of orders of protection. Theoffice of court administration shall, in accordance with paragraph (t)of subdivision two of section two hundred twelve of the judiciary law,ensure that a court order of protection or temporary order of protectionis translated in writing into Source: NYSenate.gov Open Legislation | Laws of New York Page 1 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 252 — Effect of pendency of action for divorce, separati the appropriate language for a party to aproceeding where the court has appointed an interpreter. The office ofcourt administration shall ensure that the standard language of theoffice of court administration order of protection and temporary orderof protection forms shall be translated in writing in the languages mostfrequently used in the courts of each judicial department in accordancewith paragraph (t) of subdivision two of section two hundred twelve ofthe judiciary law. A copy of the written translation shall be given toeach party in the proceeding, along with the original order or temporaryorder of protection issued in English. A copy of this writtentranslation shall also be included as part of the record of theproceeding. The court shall read the essential terms and conditions ofthe order aloud on the record and direct the court appointed interpreterto interpret the e included as part of the record of theproceeding. The court shall read the essential terms and conditions ofthe order aloud on the record and direct the court appointed interpreterto interpret the same terms and conditions. Such written translation orinterpretation shall not affect the validity or enforceability of theorder. In every case a party to a proceeding shall be provided with anEnglish copy of any court order of protection or temporary order ofprotection issued. The authority provided herein shall be in addition toand shall not be deemed to diminish or reduce any rights of the partiesunder existing law.2. An order of protection entered pursuant to this subdivision shallbear in a conspicuous manner, on the front page of said order, thelanguage "Order of protection issued pursuant to section two hundredfifty-two of the domestic relations law". The order of protection shallalso contain the following notice: "This order of protection will remainin effect even if the protected party has, or consents to have, contactor communication with the party against whom the order is issued. Thisorder of protection can only be modified or terminated by the court. Theprotected party cannot be held to violate this order nor be arrested forviolating this order.". The absence of such language shall not affectthe validity of such order. The presentation of a copy of such an orderto any peace officer acting pursuant to his or her special duties, orpolice officer, shall constitute authority, for that officer to arrest aperson when that person has violated the terms of such an order, andbring such person before the court and, otherwise, so far as lies withinthe officer's power, to aid in securing the protection such order wasintended to afford.2-a. If the court that issued an order of protection or temporaryorder of protection under this section or warrant in connection theretois not in session when an arrest is made for an alleged violation of theorder or up t issued an order of protection or temporaryorder of protection under this section or warrant in connection theretois not in session when an arrest is made for an alleged violation of theorder or upon a warrant issued in connection with such violation, thearrested person shall be brought before a local criminal court in thecounty of arrest or in the county in which such warrant is returnablepursuant to article one hundred twenty of the criminal procedure law andarraigned by such court. Such local criminal court shall order thecommitment of the arrested person to the custody of the sheriff, admitto, fix or accept bail, or release the arrested person on his or herrecognizance pending appearance in the court that issued the order ofprotection, temporary order of protection or warrant. In making suchorder, such local criminal court shall consider the bailrecommendations, if any, made by the supreme or family court asindicated on the warrant or certificate of warrant. Unless thepetitioner or complainant requests otherwise, the court, in addition toscheduling further criminal proceedings, if any, regarding such allegedfamily offense or violation allegation, shall make such matterreturnable in the supreme or family court, as applicable, on the nextday such court is in session.3. An order of protection entered pursuant to this subdivision may bemade in the final judgment in any matrimonial action, or by one or moreorders from time to time before or subsequent to final judgment, or byboth such order or orders and the final judgment. The order ofprotection may remain in effect after entry of a final matrimonialjudgment and during the minority of any child whose custody orvisitation is the subject of a provision of a final judgment or anyorder. An order of protection may be entered notwithstanding that thecourt for any reason whatsoever, other than lack of jurisdiction,refuses to grant the relief requested in the action or proceeding.4. No order of protection on may be entered notwithstanding that thecourt for any reason whatsoever, other than lack of jurisdiction,refuses to grant the relief requested in the action or proceeding.4. No order of protection may direct any party to observe conditionsof behavior unless: (i) the party requesting the order of protection hasserved and filed an action, proceeding, counterclaim or written motionand, (ii) the court has made a finding on the record that such party isentitled to issuance of the order of protection which may result from ajudicial finding of fact, judicial acceptance of an admission by theparty against whom the order was issued or judicial finding that theparty against whom the order is issued has given knowing, intelligentand voluntary consent to its issuance. The provisions of thissubdivision shall not preclude the court from issuing a temporary orderof protection upon the court's own motion or where a motion Source: NYSenate.gov Open Legislation | Laws of New York Page 2 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 252 — Effect of pendency of action for divorce, separati for suchrelief is made to the court, for good cause shown.5. Except with respect to enforcement pursuant to a criminalprosecution under article two hundred fifteen of the penal law, thesupreme court may provide in an order made pursuant to this section thatthe order may be enforced or modified only in the supreme court. If thesupreme court so provides, the family court may not entertain anapplication to enforce or modify such an order of the supreme court.6. In any such matrimonial action however, the court may not suasponte consolidate actions or make, vacate or modify orders ofprotection issued in family court involving the same parties except uponmotion and with notice to the non-moving party. Such non-moving partyshall be given an opportunity to be heard.7. A valid order of protection or temporary order of protection issuedby a court of competent jurisdicti notice to the non-moving party. Such non-moving partyshall be given an opportunity to be heard.7. A valid order of protection or temporary order of protection issuedby a court of competent jurisdiction in another state, territorial ortribal jurisdiction shall be accorded full faith and credit and enforcedas if it were issued by a court within the state for as long as theorder remains in effect in the issuing jurisdiction in accordance withsections two thousand two hundred sixty-five and two thousand twohundred sixty-six of title eighteen of the United States Code.(a) An order issued by a court of competent jurisdiction in anotherstate, territorial or tribal jurisdiction shall be deemed valid if:(i) the issuing court had personal jurisdiction over the parties andover the subject matter under the law of the issuing jurisdiction;(ii) the person against whom the order was issued had reasonablenotice and an opportunity to be heard prior to issuance of the order;provided, however, that if the order was a temporary order of protectionissued in the absence of such person, that notice had been given andthat an opportunity to be heard had been provided within a reasonableperiod of time after the issuance of the order; and(iii) in the case of orders of protection or temporary orders ofprotection issued against both a petitioner and respondent, the order orportion thereof sought to be enforced was supported by: (A) a pleadingrequesting such order, including, but not limited to, a petition,cross-petition or counterclaim; and (B) a judicial finding that therequesting party is entitled to the issuance of the order, which mayresult from a judicial finding of fact, judicial acceptance of anadmission by the party against whom the order was issued or judicialfinding that the party against whom the order was issued had givenknowing, intelligent and voluntary consent to its issuance.(b) Notwithstanding the provisions of article fifty-four of the civilpractice law and ru he party against whom the order was issued had givenknowing, intelligent and voluntary consent to its issuance.(b) Notwithstanding the provisions of article fifty-four of the civilpractice law and rules, an order of protection or temporary order ofprotection issued by a court of competent jurisdiction in another state,territorial or tribal jurisdiction, accompanied by a sworn affidavitthat upon information and belief such order is in effect as written andhas not been vacated or modified, may be filed without fee with theclerk of the court, who shall transmit information regarding such orderto the statewide registry of orders of protection and warrantsestablished pursuant to section two hundred twenty-one-a of theexecutive law; provided, however, that such filing and registry entryshall not be required for enforcement of the order.8. Any party moving for a temporary order of protection pursuant tothis subdivision during hours when the court is open shall be entitledto file such motion or pleading containing such prayer for emergencyrelief on the same day that such person first appears at such court, anda hearing on the motion or portion of the pleading requesting suchemergency relief shall be held on the same day or the next day that thecourt is in session following the filing of such motion or pleading.9. Upon issuance of an order of protection or temporary order ofprotection or upon a violation of such order, the court shall make adetermination regarding the suspension and revocation of a license tocarry, possess, repair or dispose of a firearm or firearms,ineligibility for such a license and the surrender of firearms inaccordance with sections eight hundred forty-two-a and eight hundredforty-six-a of the family court act, as applicable. Upon issuance of anorder of protection pursuant to this section or upon a finding of aviolation thereof, the court also may direct payment of restitution inan amount not to exceed ten thousand dollars in accordanc f anorder of protection pursuant to this section or upon a finding of aviolation thereof, the court also may direct payment of restitution inan amount not to exceed ten thousand dollars in accordance withsubdivision (e) of section eight hundred forty-one of such act;provided, however, that in no case shall an order of restitution beissued where the court determines that the party against whom the orderwould be issued has already compensated the injured party or where suchcompensation is incorporated in a final judgment or settlement of theaction.9-a. The protected party in whose favor the order of protection ortemporary order of protection is issued may not be held to violate anorder issued in his or her favor nor may such protected party bearrested for violating such order.10. All orders of protection and temporary orders of protection issuedpursuant to this Source: NYSenate.gov Open Legislation | Laws of New York Page 3 --- NEW YORK DOMESTIC RELATIONS LAW (Chapter 14) § 252 — Effect of pendency of action for divorce, separati section along with any associated papers that may beserved simultaneously shall be served in accordance with subdivisionthree-a of section two hundred forty of this article. Source: NYSenate.gov Open Legislation | Laws of New York Page 4