§ 154-C — Orders of protection; procedural requirements

New York § 154-C

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

Text

§ 154-c. Orders of protection; procedural requirements. 1. Expiration\ndates. Any order of protection or temporary order of protection issued\nunder articles three, four, five, six, seven, eight, ten and ten-A of\nthis act shall plainly state the date that such order expires.\n 2. Modifications of orders of protection. Except as provided in\nsubdivision two of section one hundred fifty-four-d of this act, any\nmotion to vacate or modify any order of protection or temporary order of\nprotection issued under this act shall be on notice to the non-moving\nparty and the child's attorney, if any.\n 3. Pleadings and requisite findings. No order of protection may direct\nany party to observe conditions of behavior unless: (i) the party\nrequesting the order of protection has served and filed a petition or\ncounter-claim in accordance with article four, five, six or eight of\nthis act and, (ii) the court has made a finding on the record that such\nparty is entitled to issuance of the order of protection which may\nresult from a judicial finding of fact, judicial acceptance of an\nadmission by the party against whom the order was issued or judicial\nfinding that the party against whom the order is issued has given\nknowing, intelligent and voluntary consent to its issuance. Nothing\nherein shall be deemed to limit or restrict the authority of the court\nto issue a temporary order of protection on an ex parte basis.\n