Section 821-A. Preliminary procedure

1. Upon the filing of a petition
  under this article, the court shall advise the petitioner of  the  right
  to retain legal representation or if indigent, the right to have counsel
  appointed pursuant to section two hundred sixty-two of this act.
    2. Upon the filing of a petition under this article, the court may:
    (a)  issue  a  summons pursuant to section eight hundred twenty-six of
  this  part  or  issue  a  warrant  pursuant  to  section  eight  hundred
  twenty-seven of this part;
    (b)  issue  a temporary order of protection in favor of the petitioner
  and, where appropriate, the petitioner's children or any other  children
  residing  in  the  petitioner's  household,  pursuant  to  section eight
  hundred twenty-eight of this part.
    3. Where the respondent is brought before  the  court  pursuant  to  a
  summons under section eight hundred twenty-six of this part or a warrant
  issued under section eight hundred twenty-seven of this part, or where a
  respondent  voluntarily  appears  before the court after such summons or
  warrant has been issued, the court shall:
    (a) advise the parties of the right to retain legal representation or,
  if indigent, the right to have counsel appointed pursuant to section two
  hundred sixty-two of this act;
    (b) advise the respondent of the allegations contained in the petition
  before the court; and
    (c) provide the respondent with a copy of such petition; and the court
  may:
    (i) order the release of the respondent on his or her own recognizance
  pending further appearances as required by the court;
    (ii) direct that the respondent  post  bail  in  a  manner  authorized
  pursuant  to  section  one hundred fifty-five-a of this act in an amount
  set by the court; or
    (iii) issue a  commitment  order  directing  that  the  respondent  be
  remanded  to  the custody of the county sheriff or other appropriate law
  enforcement official until such time as bail is posted  as  required  by
  the court.
    4.  Where  the court directs that the respondent post bail or that the
  respondent be committed to the custody of a law enforcement official  as
  provided  for herein, and the respondent fails to post bail or otherwise
  remains in custody, a hearing shall be held without  unreasonable  delay
  but  in no event later than one hundred twenty hours after the arrest of
  the respondent or in the event that a Saturday, Sunday, or legal holiday
  occurs during such custody,  one  hundred  forty-four  hours  after  the
  arrest  of  the  respondent,  to  determine  upon  material and relevant
  evidence whether sufficient cause  exists  to  keep  the  respondent  in
  custody. If the court determines that sufficient cause does not exist or
  if  no  hearing  is  timely  held,  the  respondent shall immediately be
  released on the respondent's own recognizance.
    5. (a) At such time as the petitioner first appears before the  court,
  the  court shall advise the petitioner that the petitioner may: continue
  with the hearing and disposition of such petition in the  family  court;
  or  have  the  allegations  contained  therein  heard  in an appropriate
  criminal court; or proceed concurrently  in  both  family  and  criminal
  court.
    (b)  Where  the  petitioner  seeks  to  have  the  petition  heard and
  determined in the family court, the court shall set the matter down  for
  further  proceedings pursuant to the provisions of this article. Nothing
  herein shall be deemed to limit or restrict petitioner's rights to  seek
  to  proceed  directly  in  either  criminal or family court, or both, as
  provided for in section one hundred fifteen  of  this  act  and  section
  100.07 of the criminal procedure law.

    6.  When  both  parties first appear before the court, the court shall
  inquire as to the existence of any other orders of protection  involving
  the parties.