Section 252. Effect of pendency of action for divorce, separation or annulment on petition for order of protection

1.  In  an  action  for
  divorce,  separation or annulment or in an action to declare the nullity
  of a void marriage in the supreme court, the supreme court or the family
  court shall entertain an application  for  an  order  of  protection  or
  temporary order of protection by either party. Such an order may require
  any party:
    (a)  to  stay  away  from  the  home,  school,  business  or  place of
  employment of the child, other parent or any other party,  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 530.11 of the criminal procedure law, or any
  criminal offense against such 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 a proceeding or action under this chapter or the  family  court
  act;
    (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 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; or
    (g)  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. "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.
    (h)  to  observe such other conditions as are necessary to further the
  purposes of protection.
    2. An order of protection entered pursuant to this  subdivision  shall
  bear  in  a  conspicuous  manner,  on  the front page of said order, the
  language "Order of protection issued pursuant  to  section  two  hundred
  fifty-two  of  the domestic relations law". The absence of such language
  shall not affect the validity of such order. The presentation of a  copy
  of  such  an  order  to  any peace officer acting pursuant to his or her
  special duties, or police officer, shall constitute authority, for  that
  officer  to  arrest  a person when that person has violated the terms of
  such an order, and bring such person before the court and, otherwise, so
  far as  lies  within  the  officer's  power,  to  aid  in  securing  the
  protection such order was intended to afford.
    2-a.  If  the  court  that  issued an order of protection or temporary
  order of protection under this section or warrant in connection  thereto
  is not in session when an arrest is made for an alleged violation of the
  order  or  upon  a warrant issued in connection with such violation, the
  arrested person shall be brought before a local criminal  court  in  the
  county  of  arrest  or in the county in which such warrant is returnable
  pursuant to article one hundred twenty of the criminal procedure law and
  arraigned by such court. Such  local  criminal  court  shall  order  the
  commitment  of  the arrested person to the custody of the sheriff, admit
  to, fix or accept bail, or release the arrested person  on  his  or  her
  recognizance  pending  appearance  in the court that issued the order of
  protection, temporary order of protection or  warrant.  In  making  such
  order,   such   local   criminal   court   shall   consider   the   bail

  recommendations, if  any,  made  by  the  supreme  or  family  court  as
  indicated   on  the  warrant  or  certificate  of  warrant.  Unless  the
  petitioner or complainant requests otherwise, the court, in addition  to
  scheduling  further criminal proceedings, if any, regarding such alleged
  family  offense  or  violation  allegation,  shall  make   such   matter
  returnable  in  the  supreme or family court, as applicable, on the next
  day such court is in session.
    3. An order of protection entered pursuant to this subdivision may  be
  made  in the final judgment in any matrimonial action, or by one or more
  orders from time to time before or subsequent to final judgment,  or  by
  both  such  order  or  orders  and  the  final  judgment.  The  order of
  protection may remain in effect  after  entry  of  a  final  matrimonial
  judgment  and  during  the  minority  of  any  child  whose  custody  or
  visitation is the subject of a provision of  a  final  judgment  or  any
  order.  An  order  of protection may be entered notwithstanding that the
  court for any  reason  whatsoever,  other  than  lack  of  jurisdiction,
  refuses to grant the relief requested in the action or proceeding.
    4.  No  order of protection may direct any party to observe conditions
  of behavior unless: (i) the party requesting the order of protection has
  served and filed an action, proceeding, counterclaim or  written  motion
  and,  (ii) the court has made a finding on the record that such party is
  entitled to issuance of the order of protection which may result from  a
  judicial  finding  of  fact,  judicial acceptance of an admission by the
  party against whom the order was issued or  judicial  finding  that  the
  party  against  whom  the order is issued has given knowing, intelligent
  and  voluntary  consent  to  its  issuance.  The  provisions   of   this
  subdivision  shall not preclude the court from issuing a temporary order
  of protection upon the court's own motion or where  a  motion  for  such
  relief is made to the court, for good cause shown.
    5.   Except  with  respect  to  enforcement  pursuant  to  a  criminal
  prosecution under article two hundred fifteen  of  the  penal  law,  the
  supreme court may provide in an order made pursuant to this section that
  the  order may be enforced or modified only in the supreme court. If the
  supreme court so  provides,  the  family  court  may  not  entertain  an
  application to enforce or modify such an order of the supreme court.
    6.  In  any  such  matrimonial  action  however, the court may not sua
  sponte  consolidate  actions  or  make,  vacate  or  modify  orders   of
  protection issued in family court involving the same parties except upon
  motion  and  with  notice to the non-moving party. Such non-moving party
  shall be given an opportunity to be heard.
    7. A valid order of protection or temporary order of protection issued
  by a court of competent jurisdiction in another  state,  territorial  or
  tribal jurisdiction shall be accorded full faith and credit and enforced
  as  if  it  were  issued  by a court within the state for as long as the
  order remains in effect in the issuing jurisdiction in  accordance  with
  sections  two  thousand  two  hundred  sixty-five  and  two thousand two
  hundred sixty-six of title eighteen of the United States Code.
    (a) An order issued by a court of competent  jurisdiction  in  another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    (i)  the  issuing court had personal jurisdiction over the parties and
  over the subject matter under the law of the issuing jurisdiction;
    (ii) the person against whom  the  order  was  issued  had  reasonable
  notice  and  an  opportunity to be heard prior to issuance of the order;
  provided, however, that if the order was a temporary order of protection
  issued in the absence of such person, that notice  had  been  given  and
  that  an  opportunity  to be heard had been provided within a reasonable
  period of time after the issuance of the order; and

    (iii) in the case of orders  of  protection  or  temporary  orders  of
  protection issued against both a petitioner and respondent, the order or
  portion  thereof  sought to be enforced was supported by: (A) a pleading
  requesting such order,  including,  but  not  limited  to,  a  petition,
  cross-petition  or  counterclaim;  and  (B)  a judicial finding that the
  requesting party is entitled to the issuance of  the  order,  which  may
  result  from  a  judicial  finding  of  fact,  judicial acceptance of an
  admission by the party against whom the order  was  issued  or  judicial
  finding  that  the  party  against  whom  the order was issued had given
  knowing, intelligent and voluntary consent to its issuance.
    (b) Notwithstanding the provisions of article fifty-four of the  civil
  practice  law  and  rules,  an order of protection or temporary order of
  protection issued by a court of competent jurisdiction in another state,
  territorial or tribal jurisdiction, accompanied  by  a  sworn  affidavit
  that  upon information and belief such order is in effect as written and
  has not been vacated or modified, may be  filed  without  fee  with  the
  clerk  of the court, who shall transmit information regarding such order
  to  the  statewide  registry  of  orders  of  protection  and   warrants
  established   pursuant  to  section  two  hundred  twenty-one-a  of  the
  executive law; provided, however, that such filing  and  registry  entry
  shall not be required for enforcement of the order.
    8.  Any  party  moving for a temporary order of protection pursuant to
  this subdivision during hours when the court is open shall  be  entitled
  to  file  such  motion  or pleading containing such prayer for emergency
  relief on the same day that such person first appears at such court, and
  a hearing on the motion or  portion  of  the  pleading  requesting  such
  emergency  relief shall be held on the same day or the next day that the
  court is in session following the filing of such motion or pleading.
    9. Upon issuance of an order  of  protection  or  temporary  order  of
  protection  or  upon  a  violation  of such order, the court may take an
  order in accordance with section eight hundred forty-two-a of the family
  court act directing the surrender of firearms, revoking or suspending  a
  party's firearms license, and/or directing that such party be ineligible
  to  receive  a firearms license. Upon issuance of an order of protection
  pursuant to this section or upon a finding of a violation  thereof,  the
  court  also may direct payment of restitution in an amount not to exceed
  ten thousand dollars in accordance with subdivision (e) of section eight
  hundred forty-one of such act; provided, however, that in no case  shall
  an  order  of  restitution be issued where the court determines that the
  party against whom the order would be issued has already compensated the
  injured party or where such compensation  is  incorporated  in  a  final
  judgement or settlement of the action.