FCA § 550

Temporary order of protection

§ 550. Temporary order of protection. (a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection which may contain any of the provisions authorized on the making of an order of protection under section five hundred fifty-one.

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

(c) The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a warrant directing that the respondent be arrested and brought before the court pursuant to section five hundred twenty-six of this article.

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.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/550

In plain English

(a) On filing a petition/counterclaim, the court may, for good cause, issue a temporary order of protection with any § 551 provisions. (b) A TOP is not a finding of wrongdoing. ★ (c) It may be issued/extended ex parte or on notice, and against a former spouse, a co-parent (regardless of marriage/cohabitation), or a family/household member (§ 812(1)).

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.