§ 155 — Arrested adult

§ 155. Arrested adult. 1. If an adult respondent is arrested under\nthis act when the family court is not in session, he or she shall be\ntaken to the most accessible magistrate and arraigned. The production of\na warrant issued by the family court, a certificate of warrant, a copy\nor a certificate of the order of protection or temporary order of\nprotection, an order of protection or temporary order of protection, or\na record of such warrant or order from the statewide computer registry\nestablished pursuant to section two hundred twenty-one-a of the\nexecutive law shall be evidence of the filing of an information,\npetition or sworn affidavit, as provided in section one hundred\nfifty-four-d of this article. Upon consideration of the bail\nrecommendation, if any, made by the family court and indicated on the\nwarrant or certificate of warrant, the magistrate shall thereupon commit\nsuch respondent to the custody of the sheriff, as defined in subdivision\nthirty-five of section 1.20 of the criminal procedure law, admit to, fix\nor accept bail, or parole him or her for hearing before the family\ncourt, subject to the provisions of subdivision four of section 530.11\nof the criminal procedure law concerning arrests upon a violation of an\norder of protection.\n 2. If no warrant, order of protection or temporary order of protection\nhas been issued by the family court, whether or not an information or\npetition has been filed, and an act alleged to be a family offense as\ndefined in section eight hundred twelve of this act is the basis of an\narrest, the magistrate shall permit the filing of an information,\naccusatory instrument or sworn affidavit as provided for in section one\nhundred fifty-four-d of this article, verified in accordance with\nsubdivision one of section 100.30 of the criminal procedure law,\nalleging facts in support of a petition pursuant to article eight of\nthis act. The magistrate shall thereupon commit such respondent to the\ncustody of the sheriff, as defined in subdivision thirty-five of section\n1.20 of the criminal procedure law, admit to, fix or accept bail, or\nparole such respondent for hearing before the family court and/or\nappropriate criminal court.\n 3. 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