Section 1056. Order of protection  


Latest version.
  • 1.  The  court  may make an order of
      protection in assistance or as a condition of any other order made under
      this part. Such order of protection shall remain in effect  concurrently
      with,  shall  expire  no  later  than the expiration date of, and may be
      extended concurrently with, such  other  order  made  under  this  part,
      except  as  provided  in  subdivision four of this section. 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  a  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 both. Such an order may require any such person
        (a) to  stay  away  from  the  home,  school,  business  or  place  of
      employment of the other spouse, parent or person legally responsible for
      the  child's care 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 and welfare of a child;
        (f) 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.
        (g) 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.
        (h)  to  observe such other conditions as are necessary to further the
      purposes of protection.
        2. 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 or to commit a 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.
        3. 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.
        4. The court may enter an order of  protection  independently  of  any
      other  order  made under this part, against a person who was a member of
      the child's household or a person  legally  responsible  as  defined  in
    
      section  one  thousand  twelve  of  this chapter, and who is no longer a
      member of such household at the time of the disposition and who  is  not
      related  by  blood  or  marriage to the child or a member of the child's
      household.  An  order of protection entered pursuant to this subdivision
      may be for any period of time up to the child's eighteenth birthday  and
      upon  such conditions as the court deems necessary and proper to protect
      the health and safety of the child and the child's caretaker.
        5. The court may issue an  order,  pursuant  to  section  two  hundred
      twenty-seven-c of the real property law, authorizing the party for whose
      benefit  any order of protection has been issued to terminate a lease or
      rental agreement pursuant to section two hundred twenty-seven-c  of  the
      real property law.