FCA § 740

Temporary order of protection

§ 740. Temporary order of protection. (a) Upon the filing of a petition 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 seven hundred fifty-nine.

(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 seven hundred thirty-eight of this part.

Official sourcehttps://www.nysenate.gov/legislation/laws/FCT/740

In plain English

(a) On filing, for good cause the court may issue a temporary order of protection (TOP) with any § 759 conditions. (b) A TOP is not a finding of wrongdoing. (c) The court may issue/extend a TOP ex parte or on notice, even alongside a § 738 warrant.

## PART 4 — HEARINGS

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.