§ 453 — Petition; violation of court order

New York § 453

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Compliance With Orders
• Art. 4: Support Proceedings

Text

§ 453. Petition; violation of court order. Proceedings under this part\nshall be originated by the filing of a petition containing an allegation\nthat the respondent has failed to obey a lawful order of this court.\n (a) Persons who may originate and prosecute proceedings. The original\npetitioner, the support collection unit on behalf of persons in receipt\nof public assistance or in receipt of services pursuant to section one\nhundred eleven-g of the social services law, or any person to whom the\norder is payable expressly or who may originate proceedings under\nsection four hundred twenty-two of this article may originate and\nprosecute a proceeding under this part.\n (b) Issuance of summons. Upon the filing of a petition under this\npart, the court may cause a copy of the petition and a summons to be\nissued, requiring the respondent to show cause why he should not be\ndealt with in accordance with section four hundred fifty-four of this\npart. The summons shall include on its face, printed or typewritten in a\nsize equal to at least eight point bold type, a notice, warning the\nrespondent that a failure to appear in court may result in immediate\narrest, and that, after an appearance in court, a finding that the\nrespondent willfully failed to obey the order may result in commitment\nto jail for a term not to exceed six months, for contempt of court. The\nnotice shall also advise the respondent of the right to counsel, and the\nright to assigned counsel, if indigent.\n (c) Service of summons. Upon the issuance of a summons, the provisions\nof section four hundred twenty-seven of this article shall apply, except\nthat no order of commitment may be entered upon the default in\nappearance by the respondent if service has been made by mail alone\nnotwithstanding proof of actual notice of the commencement of the\nproceeding.\n (d) Issuance of warrant. The court may issue a warrant, directing that\nthe respondent be arrested and brought before the court, pursuant to\nsection four hundred twenty-eight of this article.\n