Section 154. State-wide process  


Latest version.
  • (a) The family court may send process or
      other mandates in any matter in  which  it  has  jurisdiction  into  any
      county of the state for service or execution in like manner and with the
      same force and effect as similar process or mandates of county courts as
      provided by law.
        (b)  In a proceeding to establish paternity or to establish, modify or
      enforce support, the court may send process without  the  state  in  the
      same manner and with the same effect as process sent within the state in
      the  exercise  of  personal  jurisdiction over any person subject to the
      jurisdiction of the court under  section  three  hundred  one  or  three
      hundred two of the civil practice law and rules or under section 580-201
      of  article  five-B  of  the family court act, notwithstanding that such
      person is not a resident or domiciliary of the state.
        (c) In a proceeding arising under article four, five,  six,  eight  or
      ten  of this act in which an order of protection is sought or in which a
      violation of an order of protection  is  alleged,  the  court  may  send
      process without the state in the same manner and with the same effect as
      process  sent  within the state in the exercise of personal jurisdiction
      over any person, subject to the jurisdiction of the court under  section
      three  hundred  one  or  three hundred two of the civil practice law and
      rules, notwithstanding that such person is not a resident or domiciliary
      of the state, so long as: (1)  the  act  or  acts  giving  rise  to  the
      application  for  issuance  or  enforcement  of  the order of protection
      occurred within the state; and  (2)  the  applicant  for  the  order  of
      protection  resides  or  is  domiciled  in  the state or has substantial
      contacts in the state, including but  not  limited  to,  presence  on  a
      regular basis in the state. Upon good cause shown, the court may issue a
      temporary  order  of  protection  in accordance with article four, five,
      six, eight or ten of  this  act.  Where  personal  jurisdiction  over  a
      non-resident  or  non-domiciliary respondent would not be obtainable but
      for  this  subdivision,  the  papers  to  be  served  shall  include   a
      conspicuous  notice that the exercise of such jurisdiction is limited to
      the issue of the order of protection. Where service of  a  petition  and
      summons  upon  a non-resident or non-domiciliary respondent is required,
      such service shall be made at least twenty days before the return  date.
      Where  service  is  effected  on  an  out-of-state  respondent  and  the
      respondent defaults by failing to appear,  the  court  may  on  its  own
      motion, or upon application of any party or the law guardian, proceed to
      a  hearing  with  respect  to  issuance  or  enforcement of the order of
      protection. Nothing in this section shall  be  construed  to  affect  or
      alter the exercise of personal jurisdiction with respect to issues other
      than the order of protection.