{"jurisdiction": "us-ny", "code": "fca", "section": "655", "citation": "FCA § 655", "heading": "Temporary order of protection", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/655", "from_official_api": true, "plain_english": "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)).", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/655", "publisher": "Elyphived LLC"}