N.Y. Family Court Act § 846: Petition; violation of court order

§ 846. 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 or an order of protection issued by a court of competent

jurisdiction of another state, territorial or tribal jurisdiction.

(a) Persons who may originate proceedings. The original petitioner, or

any person who may originate proceedings under section eight hundred

twenty-two of this article, may originate a proceeding under this part.

(a-1) 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.

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

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

issued requiring the respondent to show cause why respondent should not

be dealt with in accordance with section eight hundred forty-six-a 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.

(ii) Upon the filing of a petition under this part alleging a

violation of a lawful order of this or any other court, as provided in

this section, the court may, on its own motion, or on motion of the

petitioner:

(A) hear the violation petition and take such action as is authorized

under this article; or

(B) retain jurisdiction to hear and determine whether such violation

constitutes contempt of court, and transfer the allegations of criminal

conduct constituting such violation to the district attorney for

prosecution pursuant to section eight hundred thirteen of this article;

or

(C) transfer the entire proceeding to the criminal court pursuant to

section eight hundred thirteen of this article.

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

section eight hundred twenty-six of this article shall apply, except

that no order of commitment may be entered upon default in appearance by

the respondent if service has been made pursuant to subdivision (b) of

such section.

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

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

section eight hundred twenty-seven of this article.