§ 827 — Issuance of warrant; certificate of warrant

New York § 827

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

Text

§ 827. Issuance of warrant; certificate of warrant. (a) The court may\nissue a warrant, directing that the respondent be brought before the\ncourt, when a petition is presented to the court under section eight\nhundred twenty-one and it appears that\n (i) the summons cannot be served; or\n (ii) the respondent has failed to obey the summons; or\n (iii) the respondent is likely to leave the jurisdiction; or\n (iv) a summons, in the court's opinion, would be ineffectual; or\n (v) the safety of the petitioner is endangered; or\n (vi) the safety of a child is endangered; or\n (vii) aggravating circumstances exist which require the immediate\narrest of the respondent. For the purposes of this section aggravating\ncircumstances shall mean physical injury or serious physical injury to\nthe petitioner caused by the respondent, the use of a dangerous\ninstrument against the petitioner by the respondent, a history of\nrepeated violations of prior orders of protection by the respondent,\nprior convictions for crimes against the petitioner by the respondent or\nthe exposure of any family or household member to physical injury by the\nrespondent and like incidents, behaviors and occurrences which to the\ncourt constitute an immediate and ongoing danger to the petitioner, or\nany member of the petitioner's family or household.\n (b) The petitioner may not serve a warrant upon the respondent, unless\nthe court itself grants such permission upon the application of the\npetitioner. The clerk of the court may issue to the petitioner or to the\nrepresentative of an incorporated charitable or philanthropic society\nhaving a legitimate interest in the family a certificate stating that a\nwarrant for the respondent has been issued by the court. The\npresentation of such certificate by said petitioner or representative to\nany peace officer, acting pursuant to his special duties, or police\nofficer authorizes him to arrest the respondent and take him to court.\n (c) A certificate of warrant expires ninety days from the date of\nissue but may be renewed from time to time by the clerk of the court.\n (d) Rules of court shall provide that a record of all unserved\nwarrants be kept and that periodic reports concerning unserved warrants\nbe made.\n