§ 759 — Order of protection

New York § 759

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Orders
• Art. 7: Proceedings Concerning Whether a Person Is In Need of Supervision

Text

§ 759. Order of protection. The court may make an order of protection\nin assistance or as a condition of any order issued under this article.\nThe order of protection may set forth reasonable conditions of behavior\nto be observed for a specified time by a person who is before the court\nand is a parent or other person legally responsible for the child's care\nor the spouse of the parent or other person legally responsible for the\nchild's care, or respondent or both. Such an order may require any such\nperson\n (a) to stay away from the home, school, business or place of\nemployment of any other party, the other spouse, the other parent or the\nchild, and to stay away from any other specific location designated by\nthe court;\n (b) to permit a parent, or a person entitled to visitation by a court\norder or a separation agreement, to visit the child at stated periods;\n (c) to refrain from committing a family offense, as defined in\nsubdivision one of section eight hundred twelve of this act, or any\ncriminal offense against the child or against the other parent or\nagainst any person to whom custody of the child is awarded, or from\nharassing, intimidating or threatening such persons;\n (d) to permit a designated party to enter the residence during a\nspecified period of time in order to remove personal belongings not in\nissue in this proceeding or in any other proceeding or action under this\nact or the domestic relations law;\n (e) to refrain from acts of commission or omission that create an\nunreasonable risk to the health, safety or welfare of a child;\n (f) to participate in family counseling or other professional\ncounseling activities, or other services, including alternative dispute\nresolution services conducted by an authorized person or an authorized\nagency to which the youth has been referred or placed, deemed necessary\nfor the rehabilitation of the youth, provided that such family\ncounseling, other counseling activity or other necessary services are\nnot contrary to such person's religious beliefs;\n (g) to provide, either directly or by means of medical and health\ninsurance, for expenses incurred for medical care and treatment arising\nfrom the incident or incidents forming the basis for the issuance of the\norder;\n (h) 1. to refrain from intentionally injuring or killing, without\njustification, any companion animal the respondent knows to be owned,\npossessed, leased, kept or held by the person protected by the order or\na minor child residing in such person's household.\n 2. "Companion animal", as used in this section, shall have the same\nmeaning as in subdivision five of section three hundred fifty of the\nagriculture and markets law;\n (i) 1. to refrain from remotely controlling any connected devices\naffecting the home, vehicle or property of the person protected by the\norder.\n 2. For purposes of this subdivision, "connected device" shall mean any\ndevice, or other physical object that is capable of connecting to the\ninternet, directly or indirectly, and that is assigned an internet\nprotocol address or bluetooth address; and\n (j) to observe such other conditions as are necessary to further the\npurposes of protection.\n The court may also award custody of the child, during the term of the\norder of protection to either parent, or to an appropriate relative\nwithin the second degree. Nothing in this section gives the court power\nto place or board out any child to an institution or agency. In making\norders of protection, the court shall so act as to insure that in the\ncare, protection, discipline and guardianship of the child his religious\nfaith shall be preserved and protected.\n Notwithstanding the foregoing provisions, an order of protection, or\ntemporary order of protection where applicable, may be entered against a\nformer spouse and persons who have a child in common, regardless of\nwhether such persons have been married or have lived together at any\ntime, or against a member of the same family or household as defined in\nsubdivision one of section eight hundred twelve of this act.\n In any proceeding pursuant to this article, a court shall not deny an\norder of protection, or dismiss an application for such an order, solely\non the basis that the acts or events alleged are not relatively\ncontemporaneous with the date of the application or the conclusion of\nthe action. The duration of any temporary order shall not by itself be a\nfactor in determining the length or issuance of any final order.\n 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