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This entry was published on 2023-09-22
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SECTION 304.2
Temporary order of protection
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 1
§ 304.2. Temporary order of protection. (1) Upon application by the
presentment agency, the court may issue a temporary order of protection
against a respondent for good cause shown, ex parte or upon notice, at
any time after a juvenile is taken into custody, pursuant to section
305.1 or 305.2 or upon the issuance of an appearance ticket pursuant to
section 307.1 or upon the filing of a petition pursuant to section
310.1.

(2) A temporary order of protection may contain any of the provisions
authorized on the making of an order of protection under section 352.3.

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

(4) A temporary order of protection issued or extended after the
filing of a petition under this article shall contain an expiration date
and may remain in effect until an order of disposition is entered.

a. A temporary order of protection issued prior to the filing of a
petition under this article may remain in effect for an initial period
of up to thirty days and may be extended by the court for an additional
period of up to thirty days upon good cause or, where the juvenile's
case is being adjusted pursuant to section 308.1 of this article, for a
period coinciding with such adjustment. If the juvenile successfully
completes adjustment prior to the expiration of the order, the probation
service, presentment agency or attorney for the child may move to vacate
such temporary order of protection upon such successful completion.

b. A temporary order of protection issued under this section may be
extended for one additional period of up to thirty days upon a finding
by the court of a compelling reason. Where the case is not being
adjusted or where efforts to adjust the case have been terminated
unsuccessfully, the court must also determine whether the presentment
agency has made diligent efforts to file the petition and the reasons
for any delay.

c. Any application for an extension of a temporary order of protection
under this section shall be on notice to the juvenile, who shall have an
opportunity to be heard and shall have a right to counsel pursuant to
section two hundred forty-nine of this act.