§ 153-B — Service of process request for order of protection

New York § 153-B

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: General Powers
• Art. 1: Family Court Established

Text

§ 153-b. Service of process request for order of protection. Whenever\na petitioner requests an order of protection or temporary order of\nprotection or files for an extension of such order or a petition or\nmotion for modification or a violation of such an order under any\narticle of this act:\n (a) the summons and the petition and, if one has been issued, the\ntemporary order of protection, order of protection issued upon a\ndefault, or a copy or copies thereof, may be served on any day of the\nweek, and at any hour of the day or night;\n (b) a peace officer, acting pursuant to his or her special duties, or\na police officer shall, upon receipt, serve or provide for the service\nof the summons and the petition together with any associated papers and,\nif one has been issued, the temporary order of protection, or order of\nprotection issued upon a default and shall not charge a fee for such\nservice, including, but not limited to, fees as provided under section\neight thousand eleven of the civil practice law and rules;\n (c) if a temporary order of protection has been issued, or an order of\nprotection has been issued upon a default, unless the party requesting\nthe order states on the record that she or he will arrange for other\nmeans for service or deliver the order to a peace or police officer\ndirectly for service, the court shall immediately deliver a copy of the\ntemporary order of protection or order of protection together with any\nassociated papers that may be served simultaneously including the\nsummons and petition, to a peace officer, acting pursuant to his or her\nspecial duties and designated by the court, or to a police officer as\ndefined in paragraph (b) or (d) of subdivision thirty-four of section\n1.20 of the criminal procedure law, or to any other county or municipal\nofficer who may be directed to effect service under section two hundred\nfifty-five of this act, or, in the city of New York, to a designated\nrepresentative of the police department of the city of New York. Any\npeace or police officer or designated person receiving a temporary order\nof protection or an order of protection as provided in this section\nshall serve or provide for the service thereof together with any\nassociated papers that may be served simultaneously, at any address\ndesignated therewith, including the summons and petition if not\npreviously served. Service of such temporary order of protection, or\norder of protection, and associated papers, shall insofar as\npracticable, be achieved promptly. An officer or designated person\nobliged to perform service pursuant to this section, and his or her\nemployer, shall not be liable for damages resulting from the failure to\nachieve service where, having made a reasonable effort, such officer is\nunable to locate and serve the temporary order of protection or order of\nprotection at any address provided by the party requesting the order;\n (d) where the temporary order of protection or order of protection and\npapers, if any, have been served, such officer or designated person\nshall provide the court with an affirmation, certificate or affidavit of\nservice when the temporary order of protection or order of protection\nhas been served, and shall provide notification of the date and time of\nsuch service to the statewide computer registry established pursuant to\nsection two hundred twenty-one-a of the executive law. A statement\nsubscribed by the officer or designated person, and affirmed by him or\nher to be true under the penalties of perjury, stating the papers\nserved, the date, time, address or in the event there is no address,\nplace, and manner of service, the name and a brief physical description\nof the party served, shall be proof of the service of the summons,\npetition and temporary order of protection or order of protection;\n * (e) Notwithstanding any other provision of law, all orders of\nprotection and temporary orders of protection issued pursuant to this\nact along with any associated papers that may be served simultaneously\nmay, for the purposes of section one hundred sixty-eight of this\narticle, be transmitted by facsimile transmission or electronic means\nand may be transmitted by facsimile transmission or electronic means for\nexpedited service in accordance with the provisions of this section. For\npurposes of this section, "facsimile transmission" and "electronic\nmeans" shall be as defined in subdivision (f) of rule twenty-one hundred\nthree of the civil practice law and rules.\n * NB There are 2 sb (e)'s\n * (e) where an officer or designated person obliged to perform service\npursuant to this section is unable to complete service of the temporary\norder of protection or order of protection such officer or designated\nperson shall provide the court with proof of attempted service of the\ntemporary order of protection or order of protection with information\nregarding the dates, times, locations and manner of attempted service.\nAn affirmation, certificate or affidavit of service with a statement\nsubscribed by the officer or designated person, and affirmed by him or\nher to be true under the penalties of perjury, stating the name of the\nparty and the papers attempted to be served on said person, and for each\nattempted service, the date, time, address or in the event there is no\naddress, place, and manner of attempted service, shall be proof of\nattempted service.\n * NB There are 2 sb (e)'s\n