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This entry was published on 2020-11-13
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SECTION 1056
Order of protection
Family Court Act (FCT) CHAPTER 686, ARTICLE 10, PART 5
§ 1056. Order of protection. 1. The court may make an order of
protection in assistance or as a condition of any other order made under
this part. Such order of protection shall remain in effect concurrently
with, shall expire no later than the expiration date of, and may be
extended concurrently with, such other order made under this part,
except as provided in subdivision four of this section. The order of
protection may set forth reasonable conditions of behavior to be
observed for a specified time by a person who is before the court and is
a parent or a person legally responsible for the child's care or the
spouse of the parent or other person legally responsible for the child's
care, or both. Such an order may require any such person

(a) to stay away from the home, school, business or place of
employment of the other spouse, parent or person legally responsible for
the child's care or the child, 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 eight hundred twelve of this act, or any
criminal offense against the 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 this proceeding or in any other proceeding or action under this
act or the domestic relations law;

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

(f) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;

(g) 1. 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.

2. "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.

2. The court may also award custody of the child, during the term of
the order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to an institution
or agency. In making orders of protection, the court shall so act as to
insure that in the care, protection, discipline and guardianship of the
child his religious faith shall be preserved and protected.

3. 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.

4. The court may enter an order of protection independently of any
other order made under this part, against a person who was a member of
the child's household or a person legally responsible as defined in
section one thousand twelve of this chapter, and who is no longer a
member of such household at the time of the disposition and who is not
related by blood or marriage to the child or a member of the child's
household. An order of protection entered pursuant to this subdivision
may be for any period of time up to the child's eighteenth birthday and
upon such conditions as the court deems necessary and proper to protect
the health and safety of the child and the child's caretaker.

5. The court may issue an order, pursuant to section two hundred
twenty-seven-c of the real property law, authorizing the party for whose
benefit any order of protection has been issued to terminate a lease or
rental agreement pursuant to section two hundred twenty-seven-c of the
real property law.

6. In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application for such an order,
solely on the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or the conclusion of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.

7. 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.