§ 846 — Petition; violation of court order

New York § 846

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Orders
• Art. 8: Family Offenses Proceedings

Text

§ 846. Petition; violation of court order. Proceedings under this\npart shall be originated by the filing of a petition containing an\nallegation that the respondent has failed to obey a lawful order of this\ncourt or an order of protection issued by a court of competent\njurisdiction of another state, territorial or tribal jurisdiction.\n (a) Persons who may originate proceedings. The original petitioner, or\nany person who may originate proceedings under section eight hundred\ntwenty-two of this article, may originate a proceeding under this part.\n (a-1) 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 (b) Issuance of summons. (i) Upon the filing of a petition under this\npart, the court may cause a copy of the petition and summons to be\nissued requiring the respondent to show cause why respondent should not\nbe dealt with in accordance with section eight hundred forty-six-a of\nthis part. The summons shall include on its face, printed or typewritten\nin a size 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 (ii) Upon the filing of a petition under this part alleging a\nviolation of a lawful order of this or any other court, as provided in\nthis section, the court may, on its own motion, or on motion of the\npetitioner:\n (A) hear the violation petition and take such action as is authorized\nunder this article; or\n (B) retain jurisdiction to hear and determine whether such violation\nconstitutes contempt of court, and transfer the allegations of criminal\nconduct constituting such violation to the district attorney for\nprosecution pursuant to section eight hundred thirteen of this article;\nor\n (C) transfer the entire proceeding to the criminal court pursuant to\nsection eight hundred thirteen of this article.\n (c) Service of summons. Upon issuance of a summons, the provisions of\nsection eight hundred twenty-six of this article shall apply, except\nthat no order of commitment may be entered upon default in appearance by\nthe respondent if service has been made pursuant to subdivision (b) of\nsuch section.\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 eight hundred twenty-seven of this article.\n