Temporary order of protection
§ 655. 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 six hundred fifty-six of this article.
(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 six hundred seventy-one of this article.
(d) The court shall not require anyone seeking a temporary order of protection under this section to first request that child protective services investigate the allegations or to first request permission to file a petition under article ten of this act.
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.
On filing a petition/counterclaim, the court for good cause may issue a TOP with any of the § 656 provisions. ★ A TOP is not a finding of wrongdoing. It can issue ex parte or on notice, alongside an arrest warrant (§ 671). The court cannot require the petitioner to first ask CPS to investigate or to first seek permission to file an Art. 10 petition. Orders may run against a former spouse, a co-parent, or a family/household member (per § 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.
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.