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Legal Statutes: New York

UPDATED August 17, 2016

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Part 3. Custody

back to topSec. 655. Temporary order of protection

(a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection which may contain any of the provisions authorized on the making of an order of protection under section six hundred fifty-six of this article.

(b) A temporary order of protection is not a finding of wrongdoing.

(c) The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a warrant directing that the respondent be arrested and brought before the court pursuant to section six hundred seventy-one of this article.

(d) The court shall not require anyone seeking a temporary order of protection under this section to first request that child protective services investigate the allegations or to first request permission to file a petition under article ten of this act.

Notwithstanding the foregoing provisions, an order of protection, or temporary order of protection where applicable, may be entered against a former spouse and persons who have a child in common, regardless of whether such persons have been married or have lived together at any time, or against a member of the same family or household as defined in subdivision one of section eight hundred twelve of this act.
(Added L.1981, c. 416, § 9; amended L.1982, c. 516, § 3; L.1983, c. 347, § 1; L.1984, c. 948, § 4; L.1988, c. 706, § 5; L.2008, c. 326, § 4, eff. July 21, 2008.)