Section 759. Order of protection  


Latest version.
  • The court may make an order of protection
      in assistance or as a condition of any order issued under this  article.
      The  order of protection may set forth reasonable conditions of behavior
      to be observed for a specified time by a person who is before the  court
      and is a parent or other person legally responsible for the child's care
      or  the spouse of the parent or other person legally responsible for the
      child's care, or respondent or both. Such an order may require any  such
      person
        (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  family  counseling  or  other  professional
      counseling activities, or other services, including alternative  dispute
      resolution  services  conducted by an authorized person or an authorized
      agency to which the youth has been referred or placed, deemed  necessary
      for   the  rehabilitation  of  the  youth,  provided  that  such  family
      counseling, other counseling activity or other  necessary  services  are
      not contrary to such person's religious beliefs;
        (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 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.