N.Y. Family Court Act § 453: Petition; violation of court order

§ 453. Petition; violation of court order. Proceedings under this part

shall be originated by the filing of a petition containing an allegation

that the respondent has failed to obey a lawful order of this court.

(a) Persons who may originate and prosecute proceedings. The original

petitioner, the support collection unit on behalf of persons in receipt

of public assistance or in receipt of services pursuant to section one

hundred eleven-g of the social services law, or any person to whom the

order is payable expressly or who may originate proceedings under

section four hundred twenty-two of this article may originate and

prosecute a proceeding under this part.

(b) Issuance of summons. Upon the filing of a petition under this

part, the court may cause a copy of the petition and a summons to be

issued, requiring the respondent to show cause why he should not be

dealt with in accordance with section four hundred fifty-four of this

part. The summons shall include on its face, printed or typewritten in a

size equal to at least eight point bold type, a notice, warning the

respondent that a failure to appear in court may result in immediate

arrest, and that, after an appearance in court, a finding that the

respondent willfully failed to obey the order may result in commitment

to jail for a term not to exceed six months, for contempt of court. The

notice shall also advise the respondent of the right to counsel, and the

right to assigned counsel, if indigent.

(c) Service of summons. Upon the issuance of a summons, the provisions

of section four hundred twenty-seven of this article shall apply, except

that no order of commitment may be entered upon the default in

appearance by the respondent if service has been made by mail alone

notwithstanding proof of actual notice of the commencement of the

proceeding.

(d) Issuance of warrant. The court may issue a warrant, directing that

the respondent be arrested and brought before the court, pursuant to

section four hundred twenty-eight of this article.