Section 551. 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
      article.  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 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) to pay the reasonable counsel fees and disbursements  involved  in
      obtaining  or enforcing the order of the person who is protected by such
      order if such order is issued or enforced, whether or not  an  order  of
      filiation is made.
        (i)  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.
        (j) 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.