Section 154-C. Orders of protection; procedural requirements  


Latest version.
  • 1. Expiration
      dates. Any order of protection or temporary order of  protection  issued
      under articles four, five, six and eight of this act shall plainly state
      the date that such order expires.
        2.  Modifications  of  orders  of  protection.  Except  as provided in
      subdivision two of section one hundred fifty-four-d  of  this  act,  any
      motion to vacate or modify any order of protection or temporary order of
      protection  issued  under  this act shall be on notice to the non-moving
      party and the law guardian, if any.
        3. Pleadings and requisite findings. No order of protection may direct
      any party to observe  conditions  of  behavior  unless:  (i)  the  party
      requesting  the  order  of protection has served and filed a petition or
      counter-claim in accordance with article four, five,  six  or  eight  of
      this  act and, (ii) the court has made a finding on the record that such
      party is entitled to issuance of  the  order  of  protection  which  may
      result  from  a  judicial  finding  of  fact,  judicial acceptance of an
      admission by the party against whom the order  was  issued  or  judicial
      finding  that  the  party  against  whom  the  order is issued has given
      knowing, intelligent and voluntary  consent  to  its  issuance.  Nothing
      herein  shall  be deemed to limit or restrict the authority of the court
      to issue a temporary order of protection on an ex parte basis.