FCA § 154-C

Orders of protection; procedural requirements

§ 154-c. Orders of protection; procedural requirements. 1. Expiration dates. Any order of protection or temporary order of protection issued under articles three, four, five, six, seven, eight, ten and ten-A of this act shall plainly state the date that such order expires.

2. Modifications of orders of protection. Except as provided in subdivision two of section one hundred fifty-four-d of this act, any motion to vacate or modify any order of protection or temporary order of protection issued under this act shall be on notice to the non-moving party and the child's attorney, if any.

3. Pleadings and requisite findings. 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 a petition or counter-claim in accordance with article four, five, six or eight of this act 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. Nothing herein shall be deemed to limit or restrict the authority of the court to issue a temporary order of protection on an ex parte basis.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/154-C

In plain English

1. Every order/temporary order of protection must plainly state its expiration date. ★ 2. Motions to vacate/modify must be on notice (except § 154-d emergencies). 3. No order may impose conditions of behavior unless the requesting party filed a petition/counter-claim and the court made a finding on the record (fact-finding, admission, or knowing/voluntary consent) — but ex parte TOPs are still allowed.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.