N.Y. Family Court Act § 153-b: Service of process request for order of protection

§ 153-b. Service of process request for order of protection. Whenever

a petitioner requests an order of protection or temporary order of

protection or files for an extension of such order or a petition or

motion for modification or a violation of such an order under any

article of this act:

(a) the summons and the petition and, if one has been issued, the

temporary order of protection, order of protection issued upon a

default, or a copy or copies thereof, may be served on any day of the

week, and at any hour of the day or night;

(b) a peace officer, acting pursuant to his or her special duties, or

a police officer shall, upon receipt, serve or provide for the service

of the summons and the petition together with any associated papers and,

if one has been issued, the temporary order of protection, or order of

protection issued upon a default and shall not charge a fee for such

service, including, but not limited to, fees as provided under section

eight thousand eleven of the civil practice law and rules;

(c) if a temporary order of protection has been issued, or an order of

protection has been issued upon a default, unless the party requesting

the order states on the record that she or he will arrange for other

means for service or deliver the order to a peace or police officer

directly for service, the court shall immediately deliver a copy of the

temporary order of protection or order of protection together with any

associated papers that may be served simultaneously including the

summons and petition, to a peace officer, acting pursuant to his or her

special duties and designated by the court, or to a police officer as

defined in paragraph (b) or (d) of subdivision thirty-four of section

1.20 of the criminal procedure law, or to any other county or municipal

officer who may be directed to effect service under section two hundred

fifty-five of this act, or, in the city of New York, to a designated

representative of the police department of the city of New York. Any

peace or police officer or designated person receiving a temporary order

of protection or an order of protection as provided in this section

shall serve or provide for the service thereof together with any

associated papers that may be served simultaneously, at any address

designated therewith, including the summons and petition if not

previously served. Service of such temporary order of protection, or

order of protection, and associated papers, shall insofar as

practicable, be achieved promptly. An officer or designated person

obliged to perform service pursuant to this section, and his or her

employer, shall not be liable for damages resulting from the failure to

achieve service where, having made a reasonable effort, such officer is

unable to locate and serve the temporary order of protection or order of

protection at any address provided by the party requesting the order;

(d) where the temporary order of protection or order of protection and

papers, if any, have been served, such officer or designated person

shall provide the court with an affirmation, certificate or affidavit of

service when the temporary order of protection or order of protection

has been served, and shall provide notification of the date and time of

such service to the statewide computer registry established pursuant to

section two hundred twenty-one-a of the executive law. A statement

subscribed by the officer or designated person, and affirmed by him or

her to be true under the penalties of perjury, stating the papers

served, the date, time, address or in the event there is no address,

place, and manner of service, the name and a brief physical description

of the party served, shall be proof of the service of the summons,

petition and temporary order of protection or order of protection;

* (e) Notwithstanding any other provision of law, all orders of

protection and temporary orders of protection issued pursuant to this

act along with any associated papers that may be served simultaneously

may, for the purposes of section one hundred sixty-eight of this

article, be transmitted by facsimile transmission or electronic means

and may be transmitted by facsimile transmission or electronic means for

expedited service in accordance with the provisions of this section. For

purposes of this section, "facsimile transmission" and "electronic

means" shall be as defined in subdivision (f) of rule twenty-one hundred

three of the civil practice law and rules.

* NB There are 2 sb (e)'s

* (e) where an officer or designated person obliged to perform service

pursuant to this section is unable to complete service of the temporary

order of protection or order of protection such officer or designated

person shall provide the court with proof of attempted service of the

temporary order of protection or order of protection with information

regarding the dates, times, locations and manner of attempted service.

An affirmation, certificate or affidavit of service with a statement

subscribed by the officer or designated person, and affirmed by him or

her to be true under the penalties of perjury, stating the name of the

party and the papers attempted to be served on said person, and for each

attempted service, the date, time, address or in the event there is no

address, place, and manner of attempted service, shall be proof of

attempted service.

* NB There are 2 sb (e)'s