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Legal Statutes: New York

UPDATED August 17, 2016

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Part 5. General Powers

back to topSec. 154-c. Orders of protection; procedural requirements

1. Expiration dates. Any order of protection or temporary order of protection issued under articles four, five, six and eight of this act shall plainly state the date that such order expires.

2. Modifications of orders of protection. Except as provided in subdivision two of section one hundred fifty-four-d of this act, any motion to vacate or modify any order of protection or temporary order of protection issued under this act shall be on notice to the non-moving party and the child's attorney, if any.

3. Pleadings and requisite findings. No order of protection may direct any party to observe conditions of behavior unless: (i) the party requesting the order of protection has served and filed a petition or counter-claim in accordance with article four, five, six or eight of this act and, (ii) the court has made a finding on the record that such party is entitled to issuance of the order of protection which may result from a judicial finding of fact, judicial acceptance of an admission by the party against whom the order was issued or judicial finding that the party against whom the order is issued has given knowing, intelligent and voluntary consent to its issuance. Nothing herein shall be deemed to limit or restrict the authority of the court to issue a temporary order of protection on an ex parte basis.

(Added L.1997, c. 186, § 2, eff. July 8, 1997. Amended L.1998, c. 597, § 5, eff. Dec. 22, 1998; L.2010, c. 41, § 15, eff. April 14, 2010.)