Section 1029. Temporary order of protection  


Latest version.
  • (a) The family court, upon the
      application of any person who may  originate  a  proceeding  under  this
      article,   for  good  cause  shown,  may  issue  a  temporary  order  of
      protection, before or after the  filing  of  such  petition,  which  may
      contain  any  of  the provisions authorized on the making of an order of
      protection under section ten hundred fifty-six. If such order is granted
      before the filing of a petition and a petition is not filed  under  this
      article within ten days from the granting of such order, the order shall
      be  vacated.  In  any  case  where  a  petition has been filed and a law
      guardian appointed,  such  law  guardian  may  make  application  for  a
      temporary  order  of  protection  pursuant  to  the  provisions  of this
      section.
        (b) A temporary order of protection is not a finding of wrongdoing.
        (c) The court may issue or extend a temporary order of  protection  ex
      parte  or  on  notice  simultaneously  with  the  issuance  of a warrant
      directing that the respondent be arrested and brought before  the  court
      pursuant to section ten hundred thirty-seven of this article.
        (d) Nothing in this section shall: (i) limit the power of the court to
      order  removal of a child pursuant to this article where the court finds
      that there is imminent danger to a child's life or health; or (ii) limit
      the authority of authorized persons to remove a child  without  a  court
      order  pursuant  to section one thousand twenty-four of this article; or
      (iii) be construed to authorize the court to award permanent custody  of
      a  child  to  a  parent  or  relative  pursuant  to a temporary order of
      protection.