Statute:

Petition; violation of court order

ยง 453. Petition; violation of court order. Proceedings under this part
shall be originated by the filing of a petition containing an allegation
that the respondent has failed to obey a lawful order of this court.

(a) Persons who may originate and prosecute proceedings. The original
petitioner, the support collection unit on behalf of persons in receipt
of public assistance or in receipt of services pursuant to section one
hundred eleven-g of the social services law, or any person to whom the
order is payable expressly or who may originate proceedings under
section four hundred twenty-two of this article may originate and
prosecute a proceeding under this part.

(b) Issuance of summons. Upon the filing of a petition under this
part, the court may cause a copy of the petition and a summons to be
issued, requiring the respondent to show cause why he should not be
dealt with in accordance with section four hundred fifty-four of this
part. The summons shall include on its face, printed or typewritten in a
size equal to at least eight point bold type, a notice, warning the
respondent that a failure to appear in court may result in immediate
arrest, and that, after an appearance in court, a finding that the
respondent willfully failed to obey the order may result in commitment
to jail for a term not to exceed six months, for contempt of court. The
notice shall also advise the respondent of the right to counsel, and the
right to assigned counsel, if indigent.

(c) Service of summons. Upon the issuance of a summons, the provisions
of section four hundred twenty-seven of this article shall apply, except
that no order of commitment may be entered upon the default in
appearance by the respondent if service has been made by mail alone
notwithstanding proof of actual notice of the commencement of the
proceeding.

(d) Issuance of warrant. The court may issue a warrant, directing that
the respondent be arrested and brought before the court, pursuant to
section four hundred twenty-eight of this article.

FCT 453 2014-09-22

Sections:

Article 4 - Support Proceedings
Part 1 - (411 - 418) Jurisdiction And Duties Of Support
411 - Jurisdiction
412 - Married person's duty to support spouse.
413 - Parents' duty to support child.
413-A - Review and cost of living adjustment of child support orders.
415 - Duties to support recipient of public assistance or welfare and patients in institutions in the department of mental hygiene.
416 - Elements of support; provisions for accident, life and health insurance benefits.
417 - Child of ceremonial marriage.
418 - Genetic marker and DNA tests; admissibility of records or reports of test results; costs of tests.
Part 2 - (421 - 430) Venue And Preliminary Procedure
421 - Venue.
422 - Persons who may originate proceedings.
423 - Petition; prior demand not required.
424 - Probation services.
424-A - Compulsory financial disclosure.
425 - Agreement to support.
426 - Issuance of summons.
427 - Service of summons.
428 - Issuance of warrant; certificate of warrant.
429 - Sequestration of respondent's property.
430 - Temporary order of protection.
Part 3 - (431 - 439-A) Hearing
431 - Preliminary procedure on warrant.
432 - Procedure before court.
433 - Enacted without section heading.
434 - Order for temporary child support.
434-A - Order for temporary spousal support.
435 - Procedure; adjournment; confidentiality of requests.
436 - Competence of spouse.
437 - Presumption of sufficient means.
437-A - Referral to work programs.
438 - Counsel fees.
439 - Support magistrates.
439-A - Expedited process.
Part 4 - (440 - 449) Orders
440 - Order of support.
441 - Order dismissing petition.
442 - Order of support by a spouse.
443 - Order of support by parent.
445 - Order of support by relative; duration.
446 - Order of protection.
446-A - Firearms; surrender and license suspension, revocation and ineligibility.
447 - Order of visitation.
448 - Enforcement by income deduction.
449 - Effective date of order of support.
Part 5 - (451 - 460) Compliance With Orders
451 - Continuing jurisdiction.
453 - Petition; violation of court order.
454 - Powers of the court on violation of a support order.
455 - Commitment.
456 - Probation.
457 - Order of sequestration on failure to obey support order.
458-A - Enforcement of arrears; Suspension of driving privileges.
458-B - Child support proceedings and enforcement of arrears; suspension of state professional, occupational and business licenses.
458-C - Child support proceedings and enforcement of arrears; suspension of recreational licenses.
459 - Additional arrears.
460 - Entry and docketing of a money judgment.
Part 6 - (461 - 469) Effect Of Action For Separation, Divorce Or Annulment
461 - Duty to support child after separation agreement, separation, or termination of marriage.
462 - Effect of support order in matrimonial action on duration of family court support order for child.
463 - Effect of separation agreement on duty to support a spouse.
464 - Effect of pendency of action for divorce, separation or annulment on petition for support of a spouse.
465 - Effect of denial of support in action for separation.
466 - Effect of granting of support in action for divorce, separation or annulment.
467 - Referral by supreme court of applications to fix custody in action for divorce, separation or annulment.
469 - Rules of court; venue.
Part 7 - (471 - 479) Undertaking
471 - Undertaking for support and cash deposits.
472 - Undertaking to be filed.
473 - Substitution of surety.
474 - Default.
475 - Procedure as to defaults.
476 - Forfeitures applied to support of petitioner.
477 - Surrender of respondent by surety.
478 - Termination of surety's liability.
479 - When new security required.

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