§ 1029 — Temporary order of protection

New York § 1029

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Temporary Removal and Preliminary Orders
• Art. 10: Child Protective Proceedings

Text

§ 1029. Temporary order of protection. (a) The family court, upon the\napplication of any person who may originate a proceeding under this\narticle, for good cause shown, may issue a temporary order of\nprotection, before or after the filing of such petition, which may\ncontain any of the provisions authorized on the making of an order of\nprotection under section one thousand fifty-six. If such order is\ngranted before the filing of a petition and a petition is not filed\nunder this article within ten days from the granting of such order, the\norder shall be vacated. In any case where a petition has been filed and\nan attorney for the child has been appointed, such attorney may make\napplication for a temporary order of protection pursuant to the\nprovisions of this section.\n (b) A temporary order of protection is not a finding of wrongdoing.\n (c) The court may issue or extend a temporary order of protection ex\nparte or on notice simultaneously with the issuance of a warrant\ndirecting that the respondent be arrested and brought before the court\npursuant to section ten hundred thirty-seven of this article.\n (d) Nothing in this section shall: (i) limit the power of the court to\norder removal of a child pursuant to this article where the court finds\nthat there is imminent danger to a child's life or health; or (ii) limit\nthe authority of authorized persons to remove a child without a court\norder pursuant to section one thousand twenty-four of this article; or\n(iii) be construed to authorize the court to award permanent custody of\na child to a parent or relative pursuant to a temporary order of\nprotection.\n