En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Legal Statutes: New York

UPDATED April 20, 2017

Back to New York overview

Part 2. Preliminary procedure

back to topSec. 827. Issuance of warrant; certificate of warrant

(a) The court may issue a warrant, directing that the respondent be brought before the court, when a petition is presented to the court under section eight hundred twenty-one and it appears that

(i) the summons cannot be served; or
(ii) the respondent has failed to obey the summons; or
(iii) the respondent is likely to leave the jurisdiction; or
(iv) a summons, in the court`s opinion, would be ineffectual; or
(v) the safety of the petitioner is endangered; or
(vi) the safety of a child is endangered; or
(vii) aggravating circumstances exist which require the immediate arrest of the respondent.

For the purposes of this section aggravating circumstances shall mean physical injury or serious physical injury to the petitioner caused by the respondent, the use of a dangerous instrument against the petitioner by the respondent, a history of repeated violations of prior orders of protection by the respondent, prior convictions for crimes against the petitioner by the respondent or the exposure of any family or household member to physical injury by the respondent and like incidents, behaviors and occurrences which to the court constitute an immediate and ongoing danger to the petitioner, or any member of the petitioner`s family or household.

(b) The petitioner may not serve a warrant upon the respondent, unless the court itself grants such permission upon the application of the petitioner. The clerk of the court may issue to the petitioner or to the representative of an incorporated charitable or philanthropic society having a legitimate interest in the family a certificate stating that a warrant for the respondent has been issued by the court. The presentation of such certificate by said petitioner or representative to any peace officer, acting pursuant to his special duties, or police officer authorizes him to arrest the respondent and take him to court.

(c) A certificate of warrant expires ninety days from the date of issue but may be renewed from time to time by the clerk of the court.

(d) Rules of court shall provide that a record of all unserved warrants be kept and that periodic reports concerning unserved warrants be made.
History: (L.1962, c. 686; amended L.1980, c. 843, § 216; L.1988, c. 271, § 1; L.1994, c. 222, § 17.)