Section 656. Order of protection  


Latest version.
  • The court may make an order of protection
      and an order of probation 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 specific time  by
      any  petitioner  or  any  respondent,  and  shall specify if an order of
      probation is in effect. 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 or 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.
        (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  petitioner  or  a  minor  child
      residing in the 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 shall not require anyone  seeking  an  order  of  protection
      under  this  section  to  first  request  that child protective services
      investigate the allegations or to first request  permission  to  file  a
      petition under article ten of this act.
        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.