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New York · Through 2026-09-11

N.Y. Family Court Act § 168: Notice of order of protection

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Where this section sits in the code
  1. Family Court Act
  2. Article 1. Family Court Established
  3. Part 6. General Provisions Concerning Hearings

§ 168. Notice of order of protection. 1. In any case in which an order

of protection or temporary order of protection has been made by the

family court, the clerk of the court shall issue a copy of such order to

the petitioner and respondent and to any other person affected by the

order. The presentation of a copy of an order of protection or temporary

order of protection or a warrant or a certificate of warrant to any

peace officer, acting pursuant to his special duties, or police officer

shall constitute authority for him to arrest a person charged with

violating the terms of such order of protection or temporary order of

protection and bring such person before the court and, otherwise, so far

as lies within his power, to aid in securing the protection such order

was intended to afford, provided, however, that any outstanding,

unexpired certificate of order of protection or temporary order of

protection shall have the same force and effect as a copy of such order

or temporary order.

2. A copy of an order of protection or temporary order of protection

shall be filed by the clerk of the court with the sheriff's office or

police department in the county in which the petitioner resides, or, if

the petitioner resides within a city, with the police department of such

city. A copy of such order of protection or temporary order of

protection may from time to time be filed by the clerk of the court with

any other police department or sheriff's office having jurisdiction of

the residence, work place and school of anyone intended to be protected

by such order. A copy of the order of protection or temporary order of

protection may also be filed by the petitioner with any appropriate

police department or sheriff's office having jursidiction. Any

subsequent amendment or revocation of such order shall be filed in the

same manner as herein provided. Any outstanding, unexpired certificate

or order of protection or temporary order of protection shall be filed

in the same manner as a copy of an order of protection or temporary

order of protection.

3. Any order of protection or temporary order of protection issued by

the family court shall bear, in a conspicuous manner, the language, as

the case may be, "this order constitutes an order of protection" or

"this order constitutes a temporary order of protection", on the front

page of said order. The order of protection or temporary order of

protection shall also contain the following notice: "This order of

protection will remain in effect even if the protected party has, or

consents to have, contact or communication with the party against whom

the order is issued. This order of protection can only be modified or

terminated by the court. The protected party cannot be held to violate

this order nor be arrested for violating this order.". The absence of

such language shall not affect the validity of such order.

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

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