§ 168 — Notice of order of protection

New York § 168

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 6: General Provisions Concerning Hearings
• Art. 1: Family Court Established

Text

§ 168. Notice of order of protection. 1. In any case in which an order\nof protection or temporary order of protection has been made by the\nfamily court, the clerk of the court shall issue a copy of such order to\nthe petitioner and respondent and to any other person affected by the\norder. The presentation of a copy of an order of protection or temporary\norder of protection or a warrant or a certificate of warrant to any\npeace officer, acting pursuant to his special duties, or police officer\nshall constitute authority for him to arrest a person charged with\nviolating the terms of such order of protection or temporary order of\nprotection and bring such person before the court and, otherwise, so far\nas lies within his power, to aid in securing the protection such order\nwas intended to afford, provided, however, that any outstanding,\nunexpired certificate of order of protection or temporary order of\nprotection shall have the same force and effect as a copy of such order\nor temporary order.\n 2. A copy of an order of protection or temporary order of protection\nshall be filed by the clerk of the court with the sheriff's office or\npolice department in the county in which the petitioner resides, or, if\nthe petitioner resides within a city, with the police department of such\ncity. A copy of such order of protection or temporary order of\nprotection may from time to time be filed by the clerk of the court with\nany other police department or sheriff's office having jurisdiction of\nthe residence, work place and school of anyone intended to be protected\nby such order. A copy of the order of protection or temporary order of\nprotection may also be filed by the petitioner with any appropriate\npolice department or sheriff's office having jursidiction. Any\nsubsequent amendment or revocation of such order shall be filed in the\nsame manner as herein provided. Any outstanding, unexpired certificate\nor order of protection or temporary order of protection shall be filed\nin the same manner as a copy of an order of protection or temporary\norder of protection.\n 3. Any order of protection or temporary order of protection issued by\nthe family court shall bear, in a conspicuous manner, the language, as\nthe case may be, "this order constitutes an order of protection" or\n"this order constitutes a temporary order of protection", on the front\npage of said order. The order of protection or temporary order of\nprotection shall also contain the following notice: "This order of\nprotection will remain in effect even if the protected party has, or\nconsents to have, contact or communication with the party against whom\nthe order is issued. This order of protection can only be modified or\nterminated by the court. The protected party cannot be held to violate\nthis order nor be arrested for violating this order.". The absence of\nsuch language shall not affect the validity of such order.\n