§ 823 — Rules of court for preliminary procedure

New York § 823

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

Text

§ 823. Rules of court for preliminary procedure. (a) Rules of court\nmay authorize the probation service\n (i) to confer with any person seeking to file a petition, the\npotential petitioner and other interested persons concerning the\nadvisability of filing a petition under this article, and\n (ii) to attempt through conciliation and agreement informally to\nadjust suitable cases before a petition is filed over which the court\napparently would have jurisdiction.\n (b) The probation service may not prevent any person who wishes to\nfile a petition under this article from having access to the court for\nthat purpose.\n (c) Efforts at adjustment pursuant to rules of court under this\nsection may not extend for a period of more than two months without\nleave of a judge of the court, who may extend the period for an\nadditional sixty days. Two successive extensions may be granted under\nthis section.\n (d) The probation service may not be authorized under this section to\ncompel any person to appear at any conference, produce any papers, or\nvisit any place.\n (e) If agreement to cease offensive conduct is reached, it must be\nreduced to writing and submitted to the family court for approval. If\nthe court approves it, the court without further hearing may thereupon\nenter an order of protection in accordance with the agreement, which\nshall be binding upon the respondent and shall in all respects be a\nvalid order. The court record shall show that such order was made upon\nagreement.\n