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SECTION 252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 252. Effect of pendency of action for divorce, separation or
annulment on petition for order of protection. 1. In an action for
divorce, separation or annulment or in an action to declare the nullity
of a void marriage in the supreme court, the supreme court or the family
court shall entertain an application for an order of protection or
temporary order of protection by either party. Such an order may require
any party:

(a) to stay away from the home, school, business or place of
employment of the child, other parent or any other party, and to stay
away from any other specific location designated by the court;

(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in
subdivision one of section 530.11 of the criminal procedure law, or any
criminal offense against such child or against the other parent or
against any person to whom custody of the child is awarded or from
harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a
specified period of time in order to remove personal belongings not in
issue in a proceeding or action under this chapter or the family court
act;

(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;

(f) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced;

(g) to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the person protected by the order or
a minor child residing in such person's household. "Companion animal,"
as used in this section, shall have the same meaning as in subdivision
five of section three hundred fifty of the agriculture and markets law;

(h) (1) to promptly return specified identification documents to the
protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and
available if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.

(2) For purposes of this paragraph, "identification document" shall
mean any of the following: (A) exclusively in the name of the protected
party: birth certificate, passport, social security card, health
insurance or other benefits card, a card or document used to access
bank, credit or other financial accounts or records, tax returns, any
driver's license, and immigration documents including but not limited to
a United States permanent resident card and employment authorization
document; and (B) upon motion and after notice and an opportunity to be
heard, any of the following, including those that may reflect joint use
or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents;

(i) (1) to refrain from remotely controlling any connected devices
affecting the home, vehicle or property of the person protected by the
order.

(2) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; and

(j) to observe such other conditions as are necessary to further the
purposes of protection.

1-a. Translation and interpretation of orders of protection. The
office of court administration shall, in accordance with paragraph (t)
of subdivision two of section two hundred twelve of the judiciary law,
ensure that a court order of protection or temporary order of protection
is translated in writing into the appropriate language for a party to a
proceeding where the court has appointed an interpreter. The office of
court administration shall ensure that the standard language of the
office of court administration order of protection and temporary order
of protection forms shall be translated in writing in the languages most
frequently used in the courts of each judicial department in accordance
with paragraph (t) of subdivision two of section two hundred twelve of
the judiciary law. A copy of the written translation shall be given to
each party in the proceeding, along with the original order or temporary
order of protection issued in English. A copy of this written
translation shall also be included as part of the record of the
proceeding. The court shall read the essential terms and conditions of
the order aloud on the record and direct the court appointed interpreter
to interpret the same terms and conditions. Such written translation or
interpretation shall not affect the validity or enforceability of the
order. In every case a party to a proceeding shall be provided with an
English copy of any court order of protection or temporary order of
protection issued. The authority provided herein shall be in addition to
and shall not be deemed to diminish or reduce any rights of the parties
under existing law.

2. An order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the front page of said order, the
language "Order of protection issued pursuant to section two hundred
fifty-two of the domestic relations law". The order of protection shall
also contain the following notice: "This order of protection will remain
in effect even if the protected party has, or consents to have, contact
or communication with the party against whom the order is issued. This
order of protection can only be modified or terminated by the court. The
protected party cannot be held to violate this order nor be arrested for
violating this order.". The absence of such language shall not affect
the validity of such order. The presentation of a copy of such an order
to any peace officer acting pursuant to his or her special duties, or
police officer, shall constitute authority, for that officer to arrest a
person when that person has violated the terms of such an order, and
bring such person before the court and, otherwise, so far as lies within
the officer's power, to aid in securing the protection such order was
intended to afford.

2-a. If the court that issued an order of protection or temporary
order of protection under this section or warrant in connection thereto
is not in session when an arrest is made for an alleged violation of the
order or upon a warrant issued in connection with such violation, the
arrested person shall be brought before a local criminal court in the
county of arrest or in the county in which such warrant is returnable
pursuant to article one hundred twenty of the criminal procedure law and
arraigned by such court. Such local criminal court shall order the
commitment of the arrested person to the custody of the sheriff, admit
to, fix or accept bail, or release the arrested person on his or her
recognizance pending appearance in the court that issued the order of
protection, temporary order of protection or warrant. In making such
order, such local criminal court shall consider the bail
recommendations, if any, made by the supreme or family court as
indicated on the warrant or certificate of warrant. Unless the
petitioner or complainant requests otherwise, the court, in addition to
scheduling further criminal proceedings, if any, regarding such alleged
family offense or violation allegation, shall make such matter
returnable in the supreme or family court, as applicable, on the next
day such court is in session.

3. An order of protection entered pursuant to this subdivision may be
made in the final judgment in any matrimonial action, or by one or more
orders from time to time before or subsequent to final judgment, or by
both such order or orders and the final judgment. The order of
protection may remain in effect after entry of a final matrimonial
judgment and during the minority of any child whose custody or
visitation is the subject of a provision of a final judgment or any
order. An order of protection may be entered notwithstanding that the
court for any reason whatsoever, other than lack of jurisdiction,
refuses to grant the relief requested in the action or proceeding.

4. 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 an action, proceeding, counterclaim or written motion
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. The provisions of this
subdivision shall not preclude the court from issuing a temporary order
of protection upon the court's own motion or where a motion for such
relief is made to the court, for good cause shown.

5. Except with respect to enforcement pursuant to a criminal
prosecution under article two hundred fifteen of the penal law, the
supreme court may provide in an order made pursuant to this section that
the order may be enforced or modified only in the supreme court. If the
supreme court so provides, the family court may not entertain an
application to enforce or modify such an order of the supreme court.

6. In any such matrimonial action however, the court may not sua
sponte consolidate actions or make, vacate or modify orders of
protection issued in family court involving the same parties except upon
motion and with notice to the non-moving party. Such non-moving party
shall be given an opportunity to be heard.

7. A valid order of protection or temporary order of protection issued
by a court of competent jurisdiction in another state, territorial or
tribal jurisdiction shall be accorded full faith and credit and enforced
as if it were issued by a court within the state for as long as the
order remains in effect in the issuing jurisdiction in accordance with
sections two thousand two hundred sixty-five and two thousand two
hundred sixty-six of title eighteen of the United States Code.

(a) An order issued by a court of competent jurisdiction in another
state, territorial or tribal jurisdiction shall be deemed valid if:

(i) the issuing court had personal jurisdiction over the parties and
over the subject matter under the law of the issuing jurisdiction;

(ii) the person against whom the order was issued had reasonable
notice and an opportunity to be heard prior to issuance of the order;
provided, however, that if the order was a temporary order of protection
issued in the absence of such person, that notice had been given and
that an opportunity to be heard had been provided within a reasonable
period of time after the issuance of the order; and

(iii) in the case of orders of protection or temporary orders of
protection issued against both a petitioner and respondent, the order or
portion thereof sought to be enforced was supported by: (A) a pleading
requesting such order, including, but not limited to, a petition,
cross-petition or counterclaim; and (B) a judicial finding that the
requesting party is entitled to the issuance of the order, 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 was issued had given
knowing, intelligent and voluntary consent to its issuance.

(b) Notwithstanding the provisions of article fifty-four of the civil
practice law and rules, an order of protection or temporary order of
protection issued by a court of competent jurisdiction in another state,
territorial or tribal jurisdiction, accompanied by a sworn affidavit
that upon information and belief such order is in effect as written and
has not been vacated or modified, may be filed without fee with the
clerk of the court, who shall transmit information regarding such order
to the statewide registry of orders of protection and warrants
established pursuant to section two hundred twenty-one-a of the
executive law; provided, however, that such filing and registry entry
shall not be required for enforcement of the order.

8. Any party moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall be entitled
to file such motion or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such
emergency relief shall be held on the same day or the next day that the
court is in session following the filing of such motion or pleading.

9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court shall make a
determination regarding the suspension and revocation of a license to
carry, possess, repair or dispose of a firearm or firearms,
ineligibility for such a license and the surrender of firearms in
accordance with sections eight hundred forty-two-a and eight hundred
forty-six-a of the family court act, as applicable. Upon issuance of an
order of protection pursuant to this section or upon a finding of a
violation thereof, the court also may direct payment of restitution in
an amount not to exceed ten thousand dollars in accordance with
subdivision (e) of section eight hundred forty-one of such act;
provided, however, that in no case shall an order of restitution be
issued where the court determines that the party against whom the order
would be issued has already compensated the injured party or where such
compensation is incorporated in a final judgment or settlement of the
action.

9-a. The protected party in whose favor the order of protection or
temporary order of protection is issued may not be held to violate an
order issued in his or her favor nor may such protected party be
arrested for violating such order.

10. All orders of protection and temporary orders of protection issued
pursuant to this section along with any associated papers that may be
served simultaneously shall be served in accordance with subdivision
three-a of section two hundred forty of this article.