N.Y. Family Court Act § 153-c: Temporary order of protection

§ 153-c. Temporary order of protection. (a) Any person appearing at

family court when the court is open requesting a temporary order of

protection under any article of this act shall be entitled to file a

petition without delay on the same day such person first appears at the

family court, and a hearing on that request shall be held on the same

day or the next day that the family court is open following the filing

of such petition.

(b) As provided in this section, the chief administrator of the

courts, with the approval of the administrative board of the courts, may

promulgate rules to establish and implement a pilot program for the

filing of petitions for temporary orders of protection by electronic

means and for the issuance of such orders ex parte by audio-visual means

in order to accommodate litigants for whom attendance at court to file

for, and obtain, emergency relief would constitute an undue hardship or

to accommodate litigants, for whom traveling to and appearing in the

courthouse to obtain emergency relief, creates a risk of harm to such

litigant.

(1) Definitions. As used in this section:

(i) "Electronic means" means any method of transmission of information

between computers or other machines designed for the purpose of sending

and receiving such transmissions, and which allows the recipient to

reproduce the information transmitted in a tangible medium of

expression.

(ii) "Independent audio-visual system" means an electronic system for

the transmission and receiving of audio and visual signals, encompassing

encoded signals, frequency domain multiplexing or other suitable means

to preclude the unauthorized reception and decoding of the signals by

commercially available television receivers, channel converters, or

other available receiving devices.

(iii) "Electronic appearance" means an appearance in which one or more

of the parties are not present in the court, but in which, by means of

an independent audio-visual system, all of the participants are

simultaneously able to see and hear reproductions of the voices and

images of the judge, counsel, parties, witnesses, if any and other

participants.

(2) Development of a pilot program. A plan for a pilot program

pursuant to this section shall be developed by the chief administrator

of the courts or his or her delegate in consultation with one or more

local programs providing assistance to victims of domestic violence, the

office for the prevention of domestic violence, and attorneys who

represent family offense petitions. The plan shall include, but is not

limited to:

(i) identification of one or more family justice centers or

organizations or agencies or other sites outside of the local family

court that are equipped with, or have access to, an independent

audio-visual system and electronic means for filing documents that are

compatible with the equipment in the local family court, with

consideration given to the location of such site or sites and available

resources; and

(ii) identification of one or more licensed and certified

organizations, agencies or entities with advocates for victims of

domestic violence who are trained, and available to assist petitioners

in preparing and filing petitions for temporary orders of protection and

in their electronic appearances before the family court to obtain such

orders; and

(iii) identification of the existing resources available in local

family courts for the implementation and oversight of the pilot program;

and

(iv) delineation of procedures for filing of the petitions and

documents, if any, by electronic means, swearing in the petitioners and

any witnesses, preparation of a verbatim transcription of testimony

presented and a record of evidence adduced and prompt transmission of

any orders issued to the petitioners; and

(v) a timetable for implementation of the pilot program and plan for

informing the public of its availability; and

(vi) a description of data to be collected in order to evaluate and,

if necessary, make recommendations for improvements to the pilot

program.

(3) Filing by electronic means. In conjunction with an electronic

appearance under this section, petitioners for ex parte temporary orders

of protection may, with the assistance of trained advocates, commence

the proceedings by filing petitions by electronic means.

(i) A petitioner who seeks a temporary order of protection ex parte by

use of an electronic appearance must file a petition in advance of such

appearance and may do so by electronic means. The petitioner shall set

forth the circumstances in which traveling to or appearing in the

courthouse would constitute an undue hardship, or create a risk of harm

to the petitioner. In granting or denying the relief sought by the

petitioner, the court shall state the names of all participants, and

whether it is granting or denying an appearance by electronic means and

the basis for such determination; provided, however, that nothing in

this section shall be construed to compel a party to file a petition or

other document by electronic means or to testify by means of an

electronic appearance.

(ii) Nothing in this section shall affect or change any existing laws

governing the service of process, including requirements for personal

service, or the sealing and confidentiality of court records in family

court proceedings, or access to court records by the parties to such

proceedings.

(4) (i) All electronic appearances by petitioners seeking temporary

orders of protection ex parte under this section shall be strictly

voluntary and the consent of such petitioners shall be given on the

record at the commencement of each appearance.

(ii) Appearances taken through the use of an electronic appearance

under this section shall be recorded and preserved for transcription.

Documentary evidence, if any, referred to by a party or witness or the

court may be transmitted and submitted and introduced by electronic

means.