Petition; violation of court order

§ 846. 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 or an order of protection issued by a court of competent
jurisdiction of another state, territorial or tribal jurisdiction.

(a) Persons who may originate proceedings. The original petitioner, or
any person who may originate proceedings under section eight hundred
twenty-two of this article, may originate a proceeding under this part.

(a-1) The protected party in whose favor the order of protection or
temporary order of protection is issued may not be held to violate an
order issued in his or her favor nor may such protected party be
arrested for violating such order.

(b) Issuance of summons. (i) Upon the filing of a petition under this
part, the court may cause a copy of the petition and summons to be
issued requiring the respondent to show cause why respondent should not
be dealt with in accordance with section eight hundred forty-six-a 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.

(ii) Upon the filing of a petition under this part alleging a
violation of a lawful order of this or any other court, as provided in
this section, the court may, on its own motion, or on motion of the
petitioner:

(A) hear the violation petition and take such action as is authorized
under this article; or

(B) retain jurisdiction to hear and determine whether such violation
constitutes contempt of court, and transfer the allegations of criminal
conduct constituting such violation to the district attorney for
prosecution pursuant to section eight hundred thirteen of this article;
or

(C) transfer the entire proceeding to the criminal court pursuant to
section eight hundred thirteen of this article.

(c) Service of summons. Upon issuance of a summons, the provisions of
section eight hundred twenty-six of this article shall apply, except
that no order of commitment may be entered upon default in appearance by
the respondent if service has been made pursuant to subdivision (b) of
such section.

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