Section 154-B. Order of protection; answer and counter-claims; confidentiality of address  


Latest version.
  • 1.  In every proceeding under articles four,
      five, six and eight of this act in  which  an  order  of  protection  is
      requested,  the  respondent  may  file  with  the court an answer to the
      petition and a counter-claim. A counter-claim shall be heard in the same
      manner as a petition and  may  be  heard  on  the  return  date  of  the
      petition, provided that the counter-claim is served on the petitioner no
      later than five days prior to the return date and said counter-claim and
      proof  of  service  is filed with the court. The petitioner may file and
      serve a reply to the counter-claim. A denial of the allegations  of  the
      counter-claim  shall  be  presumed  if  the petitioner does not file and
      serve a reply.
        2. (a) Notwithstanding any other provision of law, in  any  proceeding
      under article four, five, five-b, six, eight or ten of this act, whether
      or not an order of protection or temporary order of protection is sought
      or  has  been  sought in the past, the court may, upon its own motion or
      upon the motion of any party or the law guardian, authorize any party or
      the child to keep his or her address confidential from any adverse party
      or the child, as appropriate, in any pleadings or other papers submitted
      to the court, where the court finds that disclosure of such  address  or
      other  identifying  information  would  pose an unreasonable risk to the
      health or safety of a party or the child. Pending such  a  finding,  any
      address  or  other identifying information of the child or party seeking
      confidentiality shall be safeguarded and sealed in order to prevent  its
      inadvertent or unauthorized use or disclosure.
        (b) Notwithstanding any other provision of law, if a party and a child
      has  resided or resides in a residential program for victims of domestic
      violence as defined in section four hundred fifty-nine-a of  the  social
      services law, the present address of such party and of the child and the
      address  of  the  residential  program  for victims of domestic violence
      shall not be revealed.
        (c) Upon such authorization, the court shall designate  the  clerk  of
      the  court  or  such other disinterested person as it deems appropriate,
      with consent of such disinterested person, as the agent for  service  of
      process  for the party whose address is to remain confidential and shall
      notify the adverse party of such designation in writing.  The  clerk  or
      disinterested  person  designated  by  the court shall, when served with
      process on behalf of the party whose address is to remain  confidential,
      promptly  notify  such party whose address is to remain confidential and
      forward such process to him or her.
        (d) In any case in which such confidentiality authorization  is  made,
      the party whose address is to remain confidential shall inform the clerk
      of  the  court  or  disinterested  person designated by the court of any
      change in address for purposes of receipt of service of process  or  any
      papers.