Section 154-D. Emergency powers; local criminal courts

1. Issuance of
  temporary orders of protection. Upon the request of  the  petitioner,  a
  local criminal court may on an ex parte basis issue a temporary order of
  protection  pending  a  hearing  in  family court, provided that a sworn
  affidavit, certified in  accordance  with  subdivision  one  of  section
  100.30 of the criminal procedure law is submitted: (i) alleging that the
  family  court is not in session; (ii) alleging that a family offense, as
  defined in subdivision one of section eight hundred twelve of  this  act
  or  subdivision one of section 530.11 of the criminal procedure law, has
  been committed; (iii) alleging that a family offense petition  has  been
  filed  or  will be filed in family court on the next day the court is in
  session; and (iv)  showing  good  cause.  Upon  appearance  in  a  local
  criminal  court,  the  petitioner  shall  be  advised that he or she may
  continue with the proceeding either in family court or, upon the  filing
  of  a  local  criminal court accusatory instrument, in criminal court or
  both. Upon issuance of a temporary order of protection where  petitioner
  requests that it be returnable in family court, the local criminal court
  shall  transfer  the matter forthwith to the family court and shall make
  the matter returnable in family court on the next day the  family  court
  is  in  session,  or  as soon thereafter as practicable, but in no event
  more than four calendar days after issuance  of  the  order.  The  local
  criminal  court, upon issuing a temporary order of protection returnable
  in family court pursuant to this subdivision shall  immediately  forward
  in a manner designed to ensure arrival before the return date set in the
  order,  a  copy of the temporary order of protection and sworn affidavit
  to the family court and shall provide a copy of such temporary order  of
  protection  to  the petitioner; provided, however, that if the temporary
  order of protection and affidavit are transmitted by facsimile or  other
  electronic means, the original order and affidavit shall be forwarded to
  the  family  court  immediately  thereafter.    Any  temporary  order of
  protection issued pursuant to this subdivision shall be  issued  to  the
  respondent and copies shall be filed as required in subdivisions six and
  eight  of  section  530.12  of  the criminal procedure law for orders of
  protection issued pursuant to such section.    Any  temporary  order  of
  protection  issued  pursuant to this subdivision shall plainly state the
  date that such order expires which, in the case of an  order  returnable
  in  family  court,  shall  be not more than four calendar days after its
  issuance, unless sooner vacated or  modified  by  the  family  court.  A
  petitioner  requesting  a  temporary  order  of protection returnable in
  family court pursuant to this subdivision in a case in  which  a  family
  court  petition has not been filed shall be informed that such temporary
  order of protection shall expire as  provided  for  herein,  unless  the
  petitioner files a petition pursuant to subdivision one of section eight
  hundred  twenty-one  of  this act on or before the return date in family
  court and the family court issues a temporary  order  of  protection  as
  authorized  under article eight of this act. Nothing in this subdivision
  shall limit or restrict the petitioner's right to proceed  directly  and
  without court referral in either a criminal or family court, or both, as
  provided  for  in  section  one  hundred fifteen of this act and section
  100.07 of the criminal procedure law.
    2. Modifications of  orders  of  protection  or  temporary  orders  of
  protection.  Upon  the request of the petitioner, a local criminal court
  may on an ex parte basis modify a temporary order of protection or order
  of protection which has been issued under article  four,  five,  six  or
  eight  of  this  act  pending a hearing in family court, provided that a
  sworn affidavit, verified in accordance with subdivision one of  section
  100.30  of  the  criminal procedure law, is submitted: (i) alleging that
  the family court  is  not  in  session  and  (ii)  showing  good  cause,

  including  a  showing  that  the  existing order is insufficient for the
  purposes of protection of the  petitioner,  the  petitioner's  child  or
  children  or  other members of the petitioner's family or household. The
  local criminal court shall make the matter regarding the modification of
  the order returnable in family court on the next day the family court is
  in  session,  or as soon thereafter as practicable, but in no event more
  than four calendar days after issuance of the modified order. The  local
  criminal court shall immediately forward, in a manner designed to ensure
  arrival  before the return date set in the order, a copy of the modified
  order if any and sworn affidavit to the family court and shall provide a
  copy of such modified order, if any, and affidavit  to  the  petitioner;
  provided,  however,  that  if  the  modified  order  and  affidavit  are
  transmitted to the family court by facsimile or other electronic  means,
  the  original  copy  of  such  modified  order  and  affidavit  shall be
  forwarded to the  family  court  immediately  thereafter.  Any  modified
  temporary  order of protection or order of protection issued pursuant to
  this subdivision shall be issued to the respondent, and copies shall  be
  filed as provided in subdivisions six and eight of section 530.12 of the
  criminal  procedure law for orders of protection issued pursuant to such
  section.