Issuance of warrant; certificate of warrant

§ 827. Issuance of warrant; certificate of warrant. (a) The court may
issue a warrant, directing that the respondent be brought before the
court, when a petition is presented to the court under section eight
hundred twenty-one and it appears that

(i) the summons cannot be served; or

(ii) the respondent has failed to obey the summons; or

(iii) the respondent is likely to leave the jurisdiction; or

(iv) a summons, in the court's opinion, would be ineffectual; or

(v) the safety of the petitioner is endangered; or

(vi) the safety of a child is endangered; or

(vii) aggravating circumstances exist which require the immediate
arrest of the respondent. For the purposes of this section aggravating
circumstances shall mean physical injury or serious physical injury to
the petitioner caused by the respondent, the use of a dangerous
instrument against the petitioner by the respondent, a history of
repeated violations of prior orders of protection by the respondent,
prior convictions for crimes against the petitioner by the respondent or
the exposure of any family or household member to physical injury by the
respondent and like incidents, behaviors and occurrences which to the
court constitute an immediate and ongoing danger to the petitioner, or
any member of the petitioner's family or household.

(b) The petitioner may not serve a warrant upon the respondent, unless
the court itself grants such permission upon the application of the
petitioner. The clerk of the court may issue to the petitioner or to the
representative of an incorporated charitable or philanthropic society
having a legitimate interest in the family a certificate stating that a
warrant for the respondent has been issued by the court. The
presentation of such certificate by said petitioner or representative to
any peace officer, acting pursuant to his special duties, or police
officer authorizes him to arrest the respondent and take him to court.

(c) A certificate of warrant expires ninety days from the date of
issue but may be renewed from time to time by the clerk of the court.

(d) Rules of court shall provide that a record of all unserved
warrants be kept and that periodic reports concerning unserved warrants
be made.