Section 446. Order of protection  


Latest version.
  • The court may make an order of protection
      in assistance or as a condition of any other order made under this part.
      The order of protection may set forth reasonable conditions of  behavior
      to  be  observed for a specified time by the petitioner or respondent or
      both. No order of protection may direct any party to observe  conditions
      of  behavior  unless  the  party  requesting the order of protection has
      served and filed a petition or counter-claim in accordance with  section
      one  hundred  fifty-four-b  of  this  act. Such an order may require the
      petitioner or the respondent:
        (a) to  stay  away  from  the  home,  school,  business  or  place  of
      employment of any other party, the other spouse, the other parent or the
      child,  and  to stay away from any other specific location designated by
      the court;
        (b) to permit a parent, or a person entitled to visitation by a  court
      order or a separation agreement, to visit the child at stated periods;
        (c)  to  refrain  from  committing  a  family  offense,  as defined in
      subdivision one of section eight hundred twelve  of  this  act,  or  any
      criminal  offense  against  the  child  or  against  the other parent or
      against any person to whom custody of the  child  is  awarded,  or  from
      harassing, intimidating or threatening such persons;
        (d)  to  permit  a  designated  party  to enter the residence during a
      specified period of time in order to remove personal belongings  not  in
      issue in this proceeding or in any other proceeding or action under this
      act or the domestic relations law;
        (e)  to  refrain  from  acts  of commission or omission that create an
      unreasonable risk to the health, safety or welfare of a child;
        (f) to participate in an educational program  and  to  pay  the  costs
      thereof  if  the  person  has  the means to do so, provided however that
      nothing contained herein shall be deemed to require payment of the costs
      of any such program by the state or any political subdivision thereof;
        (g) to provide, either directly or by  means  of  medical  and  health
      insurance,  for expenses incurred for medical care and treatment arising
      from the incident or incidents forming the basis for the issuance of the
      order.
        (h) 1. to refrain from  intentionally  injuring  or  killing,  without
      justification,  any  companion  animal the respondent knows to be owned,
      possessed, leased, kept or held by the person protected by the order  or
      a minor child residing in such person's household.
        2.  "Companion  animal",  as used in this section, shall have the same
      meaning as in subdivision five of section three  hundred  fifty  of  the
      agriculture and markets law.
        (i)  to  observe such other conditions as are necessary to further the
      purposes of protection.
      The court may also award custody of the child, during the  term  of  the
      order  of  protection  to  either  parent, or to an appropriate relative
      within the second degree. Nothing in this section gives the court  power
      to  place  or board out any child or to commit a child to an institution
      or agency. In making orders of protection, the court shall so act as  to
      insure  that in the care, protection, discipline and guardianship of the
      child his religious faith shall be preserved and protected.
        Notwithstanding the foregoing provisions, an order of  protection,  or
      temporary order of protection where applicable, may be entered against a
      former  spouse  and  persons  who  have a child in common, regardless of
      whether such persons have been married or have  lived  together  at  any
      time,  or against a member of the same family or household as defined in
      subdivision one of section eight hundred twelve of this act.
        In addition to the foregoing provisions, the court may issue an order,
      pursuant to section two hundred twenty-seven-c of the real property law,
    
      authorizing the party for whose benefit any order of protection has been
      issued to terminate a lease or rental agreement pursuant to section  two
      hundred twenty-seven-c of the real property law.