§ 821 — Originating proceedings

New York § 821

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 2: Preliminary Procedure
• Art. 8: Family Offenses Proceedings

Text

§ 821. Originating proceedings. 1. A proceeding under this article is\noriginated by the filing of a petition containing the following:\n (a) An allegation that the respondent assaulted or attempted to\nassault his or her spouse, or former spouse, parent, child or other\nmember of the same family or household or engaged in disorderly conduct,\nharassment, sexual misconduct, forcible touching, sexual abuse in the\nthird degree, sexual abuse in the second degree as set forth in\nsubdivision one of section 130.60 of the penal law, stalking, criminal\nmischief, menacing, reckless endangerment, criminal obstruction of\nbreathing or blood circulation, strangulation, identity theft in the\nfirst degree, identity theft in the second degree, identity theft in the\nthird degree, grand larceny in the fourth degree, grand larceny in the\nthird degree, coercion in the second degree or coercion in the third\ndegree as set forth in subdivisions one, two and three of section 135.60\nof the penal law, toward any such person;\n (b) The relationship of the alleged offender to the petitioner;\n (c) The name of each and every child in the family or household and\nthe relationship of the child, if any, to the petitioner and to the\nrespondent;\n (d) A request for an order of protection or the use of the court's\nconciliation procedures; and\n (e) An allegation as to whether any accusatory instrument alleging an\nact specified in paragraph (a) of this subdivision has been verified\nwith respect to the same act alleged in the petition. Appended to the\ncopy of the petition provided to the petitioner shall be a copy of the\nnotice described in subdivision five of section eight hundred twelve of\nthis article.\n 2. When family court is not in session, an arrest and initial\nappearance by the defendant or respondent may be in a criminal court, as\nprovided in sections one hundred fifty-four-d and one hundred fifty-five\nof this act.\n