Section 153-B. Service of process request for order of protection  


Latest version.
  • Whenever
      a petitioner requests an order  of  protection  or  temporary  order  of
      protection under any article of this act:
        (a)  the  summons  and  the  petition and, if one has been issued, the
      temporary order of protection, or a  copy  or  copies  thereof,  may  be
      served on any day of the week, and at any hour of the day or night;
        (b)  a peace officer, acting pursuant to his or her special duties, or
      a police officer may serve the summons and the petition and, if one  has
      been issued, the temporary order of protection;
        (c) if a temporary order of protection has been issued, or an order of
      protection  has  been issued upon a default, unless the party requesting
      the order states on the record that she or he  will  arrange  for  other
      means  for  service  or  deliver  the order to a peace or police officer
      directly for service, the court shall immediately deliver a copy of  the
      temporary order of protection or order of protection to a peace officer,
      acting  pursuant  to  his  or  her  special duties and designated by the
      court, or to a police officer as defined in  paragraph  (b)  or  (d)  of
      subdivision  thirty-four  of section 1.20 of the criminal procedure law,
      or to any other county or municipal  officer  who  may  be  directed  to
      effect  service under section two hundred fifty-five of the family court
      act, or, in the city of New York, to a designated representative of  the
      police  department  of the city of New York. Any peace or police officer
      or designated person receiving a temporary order  of  protection  or  an
      order of protection as provided hereunder shall serve or provide for the
      service  thereof  together with any associated papers that may be served
      simultaneously, at  any  address  designated  therewith,  including  the
      summons and petition if not previously served. Service of such temporary
      order  of  protection,  or  order  of protection, and associated papers,
      shall insofar as  practicable,  be  achieved  promptly.  An  officer  or
      designated   person   obliged   to  perform  service  pursuant  to  this
      subdivision, and his or her employer, shall not be  liable  for  damages
      resulting   from  failure  to  achieve  service  where,  having  made  a
      reasonable effort, such officer  is  unable  to  locate  and  serve  the
      temporary  order  of  protection  or  order of protection at any address
      provided by the party requesting the order.
        (d) a statement subscribed by the officer or  designated  person,  and
      affirmed  by  him  or  her  to  be  true under the penalties of perjury,
      stating the papers served, the date, time, address or in the event there
      is no address, place, and manner  of  service,  the  name  and  a  brief
      physical  description of the party served, shall be proof of the service
      of the summons, petition and temporary order of protection or  order  of
      protection.   When  the  temporary  order  of  protection  or  order  of
      protection and other papers, if any, have been served, such  officer  or
      designated   person   shall  provide  the  court  with  an  affirmation,
      certificate  or  affidavit  of  service  when  the  temporary  order  of
      protection  has  been  served and shall provide notification of the date
      and time of such service to the statewide computer registry  established
      pursuant to section two hundred twenty-one-a of the executive law.