§ 304.2 — Temporary order of protection

New York § 304.2

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction and Preliminary Procedures
• Art. 3: Juvenile Delinquency

Text

§ 304.2. Temporary order of protection. (1) Upon application by the\npresentment agency, the court may issue a temporary order of protection\nagainst a respondent for good cause shown, ex parte or upon notice, at\nany time after a juvenile is taken into custody, pursuant to section\n305.1 or 305.2 or upon the issuance of an appearance ticket pursuant to\nsection 307.1 or upon the filing of a petition pursuant to section\n310.1.\n (2) A temporary order of protection may contain any of the provisions\nauthorized on the making of an order of protection under section 352.3.\n (3) A temporary order of protection is not a finding of wrongdoing.\n (4) A temporary order of protection issued or extended after the\nfiling of a petition under this article shall contain an expiration date\nand may remain in effect until an order of disposition is entered.\n a. A temporary order of protection issued prior to the filing of a\npetition under this article may remain in effect for an initial period\nof up to thirty days and may be extended by the court for an additional\nperiod of up to thirty days upon good cause or, where the juvenile's\ncase is being adjusted pursuant to section 308.1 of this article, for a\nperiod coinciding with such adjustment. If the juvenile successfully\ncompletes adjustment prior to the expiration of the order, the probation\nservice, presentment agency or attorney for the child may move to vacate\nsuch temporary order of protection upon such successful completion.\n b. A temporary order of protection issued under this section may be\nextended for one additional period of up to thirty days upon a finding\nby the court of a compelling reason. Where the case is not being\nadjusted or where efforts to adjust the case have been terminated\nunsuccessfully, the court must also determine whether the presentment\nagency has made diligent efforts to file the petition and the reasons\nfor any delay.\n c. Any application for an extension of a temporary order of protection\nunder this section shall be on notice to the juvenile, who shall have an\nopportunity to be heard and shall have a right to counsel pursuant to\nsection two hundred forty-nine of this act.\n