N.Y. FCT Law § 1029
This is the official text of N.Y. FCT Law § 1029, part of New York’s FCT Law — part of the compiled statutory law of New York, published by the state as "FCT Law." Browse the sections below, each linked to its official government source.
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Temporary order of protection
Official statutory text
§ 1029. Temporary order of protection. (a) The family court, upon the\napplication of any person who may originate a proceeding under this\narticle, for good cause shown, may issue a temporary order of\nprotection, before or after the filing of such petition, which may\ncontain any of the provisions authorized on the making of an order of\nprotection under section one thousand fifty-six. If such order is\ngranted before the filing of a petition and a petition is not filed\nunder this article within ten days from the granting of such order, the\norder shall be vacated. In any case where a petition has been filed and\nan attorney for the child has been appointed, such attorney may make\napplication for a temporary order of protection pursuant to the\nprovisions of this section.\n (b) A temporary order of protection is not a finding of wrongdoing.\n (c) The court may issue or extend a temporary order of protection ex\nparte or on notice simultaneously with the issuance of a warrant\ndirecting that the respondent be arrested and brought before the court\npursuant to section ten hundred thirty-seven of this article.\n (d) Nothing in this section shall: (i) limit the power of the court to\norder removal of a child pursuant to this article where the court finds\nthat there is imminent danger to a child's life or health; or (ii) limit\nthe authority of authorized persons to remove a child without a court\norder pursuant to section one thousand twenty-four of this article; or\n(iii) be construed to authorize the court to award permanent custody of\na child to a parent or relative pursuant to a temporary order of\nprotection.\n
Status: in_force · Read it on the official government site
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