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This entry was published on 2014-09-22
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Petition; violation of court order
Family Court Act (FCT) CHAPTER 686, ARTICLE 4, PART 5
§ 453. Petition; violation of court order. Proceedings under this part
shall be originated by the filing of a petition containing an allegation
that the respondent has failed to obey a lawful order of this court.

(a) Persons who may originate and prosecute proceedings. The original
petitioner, the support collection unit on behalf of persons in receipt
of public assistance or in receipt of services pursuant to section one
hundred eleven-g of the social services law, or any person to whom the
order is payable expressly or who may originate proceedings under
section four hundred twenty-two of this article may originate and
prosecute a proceeding under this part.

(b) Issuance of summons. Upon the filing of a petition under this
part, the court may cause a copy of the petition and a summons to be
issued, requiring the respondent to show cause why he should not be
dealt with in accordance with section four hundred fifty-four of this
part. The summons shall include on its face, printed or typewritten in a
size equal to at least eight point bold type, a notice, warning the
respondent that a failure to appear in court may result in immediate
arrest, and that, after an appearance in court, a finding that the
respondent willfully failed to obey the order may result in commitment
to jail for a term not to exceed six months, for contempt of court. The
notice shall also advise the respondent of the right to counsel, and the
right to assigned counsel, if indigent.

(c) Service of summons. Upon the issuance of a summons, the provisions
of section four hundred twenty-seven of this article shall apply, except
that no order of commitment may be entered upon the default in
appearance by the respondent if service has been made by mail alone
notwithstanding proof of actual notice of the commencement of the

(d) Issuance of warrant. The court may issue a warrant, directing that
the respondent be arrested and brought before the court, pursuant to
section four hundred twenty-eight of this article.