N.Y. Family Court Act § 759: Order of protection

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

in assistance or as a condition of any order issued under this article.

The order of protection may set forth reasonable conditions of behavior

to be observed for a specified time by a person who is before the court

and is a parent or other person legally responsible for the child's care

or the spouse of the parent or other person legally responsible for the

child's care, or respondent or both. Such an order may require any such

person

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

employment of any other party, the other spouse, the other 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 family counseling or other professional

counseling activities, or other services, including alternative dispute

resolution services conducted by an authorized person or an authorized

agency to which the youth has been referred or placed, deemed necessary

for the rehabilitation of the youth, provided that such family

counseling, other counseling activity or other necessary services are

not contrary to such person's religious beliefs;

(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) 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 person protected by the order or

a minor child residing in such person's 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;

(i) 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

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

purposes of protection.

The court may also award custody of the child, during the term of the

order of protection to either parent, or to an appropriate relative

within the second degree. Nothing in this section gives the court power

to place or board out any child to an institution or agency. In making

orders of protection, the court shall so act as to insure that in the

care, protection, discipline and guardianship of the child his religious

faith shall be preserved and protected.

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 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.