§ 1056 — Order of protection

New York § 1056

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 10: Child Protective Proceedings

Text

§ 1056. Order of protection. 1. * The court may make an order of\nprotection in assistance or as a condition of any other order made under\nthis part. Such order of protection shall remain in effect concurrently\nwith, shall expire no later than the expiration date of, and may be\nextended concurrently with, such other order made under this part,\nexcept as provided in subdivision four of this section. The order of\nprotection may set forth reasonable conditions of behavior to be\nobserved for a specified time by a person who is before the court and is\na parent or a person legally responsible for the child's care or the\nspouse of the parent or other person legally responsible for the child's\ncare, or both. Such an order may require any such person\n * NB Effective until February 19, 2026\n * The court may issue an order of protection in assistance or as a\ncondition of any other order made under this part. Such order of\nprotection shall remain in effect concurrently with, shall expire no\nlater than the expiration date of, and may be extended concurrently\nwith, such other order made under this part, except as provided in\nsubdivision four and subdivision four-a of this section. The order of\nprotection may set forth reasonable conditions of behavior to be\nobserved for a specified time by a person who is before the court and is\na parent or a person legally responsible for the child's care or the\nspouse of the parent or other person legally responsible for the child's\ncare, or both. Such an order may require any such person:\n * NB Effective February 19, 2026\n (a) to stay away from the home, school, business or place of\nemployment of the other spouse, parent or person legally responsible for\nthe child's care or the child, and to stay away from any other specific\nlocation designated by the court;\n (b) to permit a parent, or a person entitled to visitation by a court\norder or a separation agreement, to visit the child at stated periods;\n (c) to refrain from committing a family offense, as defined in\nsubdivision one of section eight hundred twelve of this act, or any\ncriminal offense against the child or against the other parent or\nagainst any person to whom custody of the child is awarded, or from\nharassing, intimidating or threatening such persons;\n (d) to permit a designated party to enter the residence during a\nspecified period of time in order to remove personal belongings not in\nissue in this proceeding or in any other proceeding or action under this\nact or the domestic relations law;\n (e) to refrain from acts of commission or omission that create an\nunreasonable risk to the health, safety and welfare of a child;\n (f) to provide, either directly or by means of medical and health\ninsurance, for expenses incurred for medical care and treatment arising\nfrom the incident or incidents forming the basis for the issuance of the\norder;\n (g) 1. to refrain from intentionally injuring or killing, without\njustification, any companion animal the respondent knows to be owned,\npossessed, leased, kept or held by the person protected by the order or\na minor child residing in such person's household.\n 2. "Companion animal", as used in this section, shall have the same\nmeaning as in subdivision five of section three hundred fifty of the\nagriculture and markets law;\n (h) 1. to promptly return specified identification documents to the\nprotected party, in whose favor the order of protection or temporary\norder of protection is issued; provided, however, that such order may:\n(A) include any appropriate provision designed to ensure that any such\ndocument is available for use as evidence in this proceeding, and\navailable if necessary for legitimate use by the party against whom such\norder is issued; and (B) specify the manner in which such return shall\nbe accomplished.\n 2. For purposes of this paragraph, "identification document" shall\nmean any of the following: (A) exclusively in the name of the protected\nparty: birth certificate, passport, social security card, health\ninsurance or other benefits card, a card or document used to access\nbank, credit or other financial accounts or records, tax returns, any\ndriver's license, and immigration documents including but not limited to\na United States permanent resident card and employment authorization\ndocument; and (B) upon motion and after notice and an opportunity to be\nheard, any of the following, including those that may reflect joint use\nor ownership, that the court determines are necessary and are\nappropriately transferred to the protected party: any card or document\nused to access bank, credit or other financial accounts or records, tax\nreturns, and any other identifying cards and documents;\n (i) 1. to refrain from remotely controlling any connected devices\naffecting the home, vehicle or property of the person protected by the\norder.\n 2. For purposes of this paragraph, "connected device" shall mean any\ndevice, or other physical object that is capable of connecting to the\ninternet, directly or indirectly, and that is assigned an internet\nprotocol address or bluetooth address; and\n (j) to observe such other conditions as are necessary to further the\npurposes of protection.\n 2. The court may also award custody of the child, during the term of\nthe order of protection to either parent, or to an appropriate relative\nwithin the second degree. Nothing in this section gives the court power\nto place or board out any child or to commit a child to an institution\nor agency. In making orders of protection, the court shall so act as to\ninsure that in the care, protection, discipline and guardianship of the\nchild his religious faith shall be preserved and protected.\n 3. Notwithstanding the foregoing provisions, an order of protection,\nor temporary order of protection where applicable, may be entered\nagainst a former spouse and persons who have a child in common,\nregardless of whether such persons have been married or have lived\ntogether at any time, or against a member of the same family or\nhousehold as defined in subdivision one of section eight hundred twelve\nof this act.\n 4. The court may enter an order of protection independently of any\nother order made under this part, against a person who was a member of\nthe child's household or a person legally responsible as defined in\nsection one thousand twelve of this chapter, and who is no longer a\nmember of such household at the time of the disposition and who is not\nrelated by blood or marriage to the child or a member of the child's\nhousehold. An order of protection entered pursuant to this subdivision\nmay be for any period of time up to the child's eighteenth birthday and\nupon such conditions as the court deems necessary and proper to protect\nthe health and safety of the child and the child's caretaker.\n * 4-a. The court may issue an order of protection against a person who\nwas a member of the child's household or a person legally responsible as\ndefined in section one thousand twelve of this article and who is not a\nparent of the child, independently of any other order made under this\npart which may contain any provision authorized under subdivision one of\nthis section. Such order of protection issued under this section may\nremain in effect for a period of up to two years or, if the court finds\nspecial circumstances, a period of up to five years. For purposes of\nthis section, "special circumstances" shall mean physical injury or\nserious physical injury caused by the respondent to the protected person\nor persons or any minor child, the use of a dangerous instrument by the\nrespondent against the protected person or persons or any minor child, a\nhistory of violations of orders of protection by the respondent, prior\nconvictions for crimes against the protected person or persons or a\nminor child by the respondent or the exposure by the respondent of the\nprotected person or persons or a minor child or any family or household\nmember to physical injury or acts constituting a sex offense as defined\nin subdivision (e) of section one thousand twelve of this article and\nlike incidents, behaviors and occurrences which to the court constitute\nan immediate and ongoing danger to the protected person or persons or a\nminor child or any family or household member. Such order of protection\nmay be extended independently or concurrently with, any order issued\nunder this article or article ten-A of this chapter. Such order shall be\nsubject to annual review, modification or vacatur by the court, upon\nmotion by any party as provided herein. The total period of such order\nshall be no more than two years, or if there was a special circumstances\nfinding, five years from the date of the initial order.\n * NB Effective February 19, 2026\n 5. The court may issue an order, pursuant to section two hundred\ntwenty-seven-c of the real property law, authorizing the party for whose\nbenefit any order of protection has been issued to terminate a lease or\nrental agreement pursuant to section two hundred twenty-seven-c of the\nreal property law.\n 6. In any proceeding pursuant to this article, a court shall not deny\nan order of protection, or dismiss an application for such an order,\nsolely on the basis that the acts or events alleged are not relatively\ncontemporaneous with the date of the application or the conclusion of\nthe action. The duration of any temporary order shall not by itself be a\nfactor in determining the length or issuance of any final order.\n 7. The protected party in whose favor the order of protection or\ntemporary order of protection is issued may not be held to violate an\norder issued in his or her favor nor may such protected party be\narrested for violating such order.\n