Section 827. Issuance of warrant; certificate of warrant  


Latest version.
  • (a) The court may
      issue a warrant, directing that the respondent  be  brought  before  the
      court,  when  a  petition  is presented to the court under section eight
      hundred twenty-one and it appears that
        (i) the summons cannot be served; or
        (ii) the respondent has failed to obey the summons; or
        (iii) the respondent is likely to leave the jurisdiction; or
        (iv) a summons, in the court's opinion, would be ineffectual; or
        (v) the safety of the petitioner is endangered; or
        (vi) the safety of a child is endangered; or
        (vii) aggravating circumstances  exist  which  require  the  immediate
      arrest  of  the respondent. For the purposes of this section aggravating
      circumstances shall mean physical injury or serious physical  injury  to
      the  petitioner  caused  by  the  respondent,  the  use  of  a dangerous
      instrument against the  petitioner  by  the  respondent,  a  history  of
      repeated  violations  of  prior  orders of protection by the respondent,
      prior convictions for crimes against the petitioner by the respondent or
      the exposure of any family or household member to physical injury by the
      respondent and like incidents, behaviors and occurrences  which  to  the
      court  constitute  an immediate and ongoing danger to the petitioner, or
      any member of the petitioner's family or household.
        (b) The petitioner may not serve a warrant upon the respondent, unless
      the court itself grants such permission  upon  the  application  of  the
      petitioner. The clerk of the court may issue to the petitioner or to the
      representative  of  an  incorporated charitable or philanthropic society
      having a legitimate interest in the family a certificate stating that  a
      warrant   for   the  respondent  has  been  issued  by  the  court.  The
      presentation of such certificate by said petitioner or representative to
      any peace officer, acting pursuant to  his  special  duties,  or  police
      officer authorizes him to arrest the respondent and take him to court.
        (c)  A  certificate  of  warrant  expires ninety days from the date of
      issue but may be renewed from time to time by the clerk of the court.
        (d) Rules of court  shall  provide  that  a  record  of  all  unserved
      warrants  be kept and that periodic reports concerning unserved warrants
      be made.