Section 821. Originating proceedings  


Latest version.
  • 1. A proceeding under this article is
      originated by the filing of a petition containing the following:
        (a) An allegation  that  the  respondent  assaulted  or  attempted  to
      assault  his  or  her  spouse,  or former spouse, parent, child or other
      member of the same family or household or engaged in disorderly conduct,
      harassment, stalking, menacing or reckless endangerment toward any  such
      person; and
        (b) The relationship of the alleged offender to the petitioner;
        (c) The  name  of  each and every child in the family or household and
      the relationship of the child, if any, to  the  petitioner  and  to  the
      respondent;
        (d)  A  request  for  an order of protection or the use of the court's
      conciliation procedures; and
        (e) An allegation as to whether any accusatory instrument alleging  an
      act  specified  in  paragraph  (a) of this subdivision has been verified
      with respect to the same act alleged in the petition.  Appended  to  the
      copy  of  the petition provided to the petitioner shall be a copy of the
      notice described in subdivision five of section eight hundred twelve  of
      this article.
        2.  When  family  court  is  not  in  session,  an  arrest and initial
      appearance by the defendant or respondent may be in a criminal court, as
      provided in sections one hundred fifty-four-d and one hundred fifty-five
      of this act.