N.Y. Family Court Act § 656: Order of protection

§ 656. Order of protection. The court may make an order of protection

and an order of probation in assistance or as a condition of any other

order made under this part. The order of protection may set forth

reasonable conditions of behavior to be observed for a specific time by

any petitioner or any respondent, and shall specify if an order of

probation is in effect. No order of protection may direct any party to

observe conditions of behavior unless the party requesting the order of

protection has served and filed a petition or counter-claim in

accordance with section one hundred fifty-four-b of this act. Such an

order may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of

employment of any other party, the other spouse or parent, or the child,

and to stay away from any other specific location designated by the

court;

(b) to permit a parent, or a person entitled to visitation by a court

order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in

subdivision one of section eight hundred twelve of this act, or any

criminal offense against the child or against the other parent or

against any person to whom custody of the child is awarded, or from

harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a

specified period of time in order to remove personal belongings not in

issue in this proceeding or in any other proceeding or action under this

act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an

unreasonable risk to the health, safety or welfare of a child;

(f) to participate in an educational program and to pay the costs

thereof if the person has the means to do so, provided however that

nothing contained herein shall be deemed to require payment of the costs

of any such program by the state or any political subdivision thereof;

(g) to provide, either directly or by means of medical and health

insurance, for expenses incurred for medical care and treatment arising

from the incident or incidents forming the basis for the issuance of the

order;

(h) to pay the reasonable counsel fees and disbursements involved in

obtaining or enforcing the order of the person who is protected by such

order if such order is issued or enforced;

(i) 1. to refrain from intentionally injuring or killing, without

justification, any companion animal the respondent knows to be owned,

possessed, leased, kept or held by the petitioner or a minor child

residing in the household.

2. "Companion animal", as used in this section, shall have the same

meaning as in subdivision five of section three hundred fifty of the

agriculture and markets law;

(j) 1. to promptly return specified identification documents to the

protected party, in whose favor the order of protection or temporary

order of protection is issued; provided, however, that such order may:

(A) include any appropriate provision designed to ensure that any such

document is available for use as evidence in this proceeding, and

available if necessary for legitimate use by the party against whom such

order is issued; and (B) specify the manner in which such return shall

be accomplished.

2. For purposes of this subdivision, "identification document" shall

mean any of the following: (A) exclusively in the name of the protected

party: birth certificate, passport, social security card, health

insurance or other benefits card, a card or document used to access

bank, credit or other financial accounts or records, tax returns, any

driver's license, and immigration documents including but not limited to

a United States permanent resident card and employment authorization

document; and (B) upon motion and after notice and an opportunity to be

heard, any of the following, including those that may reflect joint use

or ownership, that the court determines are necessary and are

appropriately transferred to the protected party: any card or document

used to access bank, credit or other financial accounts or records, tax

returns, and any other identifying cards and documents;

(k) 1. to refrain from remotely controlling any connected devices

affecting the home, vehicle or property of the person protected by the

order.

2. For purposes of this subdivision, "connected device" shall mean any

device, or other physical object that is capable of connecting to the

internet, directly or indirectly, and that is assigned an internet

protocol address or bluetooth address; and

(l) to observe such other conditions as are necessary to further the

purposes of protection.

The court shall not require anyone seeking an order of protection

under this section to first request that child protective services

investigate the allegations or to first request permission to file a

petition under article ten of this act.

Notwithstanding the foregoing provisions, an order of protection, or

temporary order of protection where applicable, may be entered against a

former spouse and persons who have a child in common, regardless of

whether such persons have been married or have lived together at any

time, or against a member of the same family or household as defined in

subdivision one of section eight hundred twelve of this act.

In addition to the foregoing provisions, the court may issue an order,

pursuant to section two hundred twenty-seven-c of the real property law,

authorizing the party for whose benefit any order of protection has been

issued to terminate a lease or rental agreement pursuant to section two

hundred twenty-seven-c of the real property law.

In any proceeding pursuant to this article, a court shall not deny an

order of protection, or dismiss an application for such an order, solely

on the basis that the acts or events alleged are not relatively

contemporaneous with the date of the application or the conclusion of

the action. The duration of any temporary order shall not by itself be a

factor in determining the length or issuance of any final order.

The protected party in whose favor the order of protection or

temporary order of protection is issued may not be held to violate an

order issued in his or her favor nor may such protected party be

arrested for violating such order.