§ 154-B — Order of protection; answer and counter-claims; confidentiality of address

New York § 154-B

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

Text

§ 154-b. Order of protection; answer and counter-claims;\nconfidentiality of address. 1. In every proceeding under articles four,\nfive, six and eight of this act in which an order of protection is\nrequested, the respondent may file with the court an answer to the\npetition and a counter-claim. A counter-claim shall be heard in the same\nmanner as a petition and may be heard on the return date of the\npetition, provided that the counter-claim is served on the petitioner no\nlater than five days prior to the return date and said counter-claim and\nproof of service is filed with the court. The petitioner may file and\nserve a reply to the counter-claim. A denial of the allegations of the\ncounter-claim shall be presumed if the petitioner does not file and\nserve a reply.\n 2. (a) Notwithstanding any other provision of law, in any proceeding\nunder article four, five, five-b, six, eight or ten of this act, whether\nor not an order of protection or temporary order of protection is sought\nor has been sought in the past, the court may, upon its own motion or\nupon the motion of any party or the child's attorney, authorize any\nparty or the child to keep his or her address confidential from any\nadverse party or the child, as appropriate, in any pleadings or other\npapers submitted to the court, where the court finds that disclosure of\nsuch address or other identifying information would pose an unreasonable\nrisk to the health or safety of a party or the child. Pending such a\nfinding, any address or other identifying information of the child or\nparty seeking confidentiality shall be safeguarded and sealed in order\nto prevent its inadvertent or unauthorized use or disclosure.\n (b) Notwithstanding any other provision of law, if a party and a child\nhas resided or resides in a residential program for victims of domestic\nviolence as defined in section four hundred fifty-nine-a of the social\nservices law, the present address of such party and of the child and the\naddress of the residential program for victims of domestic violence\nshall not be revealed.\n (c) Upon such authorization, the court shall designate the clerk of\nthe court or such other disinterested person as it deems appropriate,\nwith consent of such disinterested person, as the agent for service of\nprocess for the party whose address is to remain confidential and shall\nnotify the adverse party of such designation in writing. The clerk or\ndisinterested person designated by the court shall, when served with\nprocess on behalf of the party whose address is to remain confidential,\npromptly notify such party whose address is to remain confidential and\nforward such process to him or her.\n (d) In any case in which such confidentiality authorization is made,\nthe party whose address is to remain confidential shall inform the clerk\nof the court or disinterested person designated by the court of any\nchange in address for purposes of receipt of service of process or any\npapers.\n