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New York · Through 2026-09-11

N.Y. Family Court Act § 153-a: Warrant of arrest; when and how executed

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Where this section sits in the code
  1. Family Court Act
  2. Article 1. Family Court Established
  3. Part 5. General Powers

§ 153-a. Warrant of arrest; when and how executed. (a) A warrant of

arrest may be executed on any day of the week, and at any hour of the

day or night.

(b) Unless encountering physical resistance, flight or other factors

rendering normal procedure impractical, the arresting police officer

must inform the subject named therein that a warrant for his arrest for

attendance at the proceeding designated therein has been issued. Upon

request of such subject, the police officer must show him the warrant if

he has it in his possession. The officer need not have the warrant in

his possession, and, if he has not, he must show it to the subject upon

request as soon after the arrest as possible.

(c) In order to effect the arrest, the police officer may use such

physical force as is justifiable pursuant to section 35.30 of the penal

law.

(d) In order to effect the arrest, the police officer may enter any

premises in which he reasonably believes the subject named therein to be

present. Before such entry, he must give, or make reasonable effort to

give, notice of his authority and purpose to an occupant thereof.

(e) If the officer, after giving such notice, is not admitted, he may

enter such premises, and by a breaking if necessary.

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

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