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New York · Through 2026-09-11

N.Y. Family Court Act § 1029: Temporary order of protection

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Where this section sits in the code
  1. Family Court Act
  2. Article 10. Child Protective Proceedings
  3. Part 2. Temporary Removal and Preliminary Orders

§ 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.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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