New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 1029. Temporary order of protection. (a) The family court, upon the
application of any person who may originate a proceeding under this
article, for good cause shown, may issue a temporary order of
protection, before or after the filing of such petition, which may
contain any of the provisions authorized on the making of an order of
protection under section one thousand fifty-six. If such order is
granted before the filing of a petition and a petition is not filed
under this article within ten days from the granting of such order, the
order shall be vacated. In any case where a petition has been filed and
an attorney for the child has been appointed, such attorney may make
application for a temporary order of protection pursuant to the
provisions of this section.
(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 ten hundred thirty-seven of this article.
(d) Nothing in this section shall: (i) limit the power of the court to
order removal of a child pursuant to this article where the court finds
that there is imminent danger to a child's life or health; or (ii) limit
the authority of authorized persons to remove a child without a court
order pursuant to section one thousand twenty-four of this article; or
(iii) be construed to authorize the court to award permanent custody of
a child to a parent or relative pursuant to a temporary order of
protection.
