GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Family Court Act § 823: Rules of court for preliminary procedure

Read at publisher ↗
Where this section sits in the code
  1. Family Court Act
  2. Article 8. Family Offenses Proceedings
  3. Part 2. Preliminary Procedure

§ 823. Rules of court for preliminary procedure. (a) Rules of court

may authorize the probation service

(i) to confer with any person seeking to file a petition, the

potential petitioner and other interested persons concerning the

advisability of filing a petition under this article, and

(ii) to attempt through conciliation and agreement informally to

adjust suitable cases before a petition is filed over which the court

apparently would have jurisdiction.

(b) The probation service may not prevent any person who wishes to

file a petition under this article from having access to the court for

that purpose.

(c) Efforts at adjustment pursuant to rules of court under this

section may not extend for a period of more than two months without

leave of a judge of the court, who may extend the period for an

additional sixty days. Two successive extensions may be granted under

this section.

(d) The probation service may not be authorized under this section to

compel any person to appear at any conference, produce any papers, or

visit any place.

(e) If agreement to cease offensive conduct is reached, it must be

reduced to writing and submitted to the family court for approval. If

the court approves it, the court without further hearing may thereupon

enter an order of protection in accordance with the agreement, which

shall be binding upon the respondent and shall in all respects be a

valid order. The court record shall show that such order was made upon

agreement.

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

Browse this collection