Section 828. Temporary order of protection; temporary order for child support

1. (a) Upon the filing of a  petition  or  counter-claim  under
  this article, the court for good cause shown may issue a temporary order
  of protection, which may contain any of the provisions authorized on the
  making  of an order of protection under section eight hundred forty-two,
  provided that the court shall make a determination, and the court  shall
  state such determination in a written decision or on the record, whether
  to  impose  a  condition pursuant to this subdivision, provided further,
  however, that failure to make such a determination shall not affect  the
  validity  of such order of protection. In making such determination, the
  court shall consider, but shall not  be  limited  to  consideration  of,
  whether  the  temporary  order  of  protection  is likely to achieve its
  purpose in the absence of such a condition,  conduct  subject  to  prior
  orders  of  protection,  prior  incidents  of  abuse,  extent of past or
  present injury, threats, drug or alcohol abuse, and access to weapons.
    (b) Upon the filing of a petition  under  this  article,  or  as  soon
  thereafter  as  the petitioner appears before the court, the court shall
  advise the petitioner of the right to proceed in  both  the  family  and
  criminal  courts,  pursuant  to  the  provisions  of section one hundred
  fifteen of this act.
    2. A temporary order of protection is not a finding of wrongdoing.
    3. The court may issue or extend a temporary order  of  protection  ex
  parte  or  on  notice  simultaneously  with  the  issuance of a warrant,
  directing that the respondent be arrested and brought before the  court,
  pursuant to section eight hundred twenty-seven of this article.
    4.  Notwithstanding  the provisions of section eight hundred seventeen
  of this article the court  may,  together  with  a  temporary  order  of
  protection issued pursuant to this section, issue an order for temporary
  child  support,  in an amount sufficient to meet the needs of the child,
  without a showing of immediate or emergency need. The court  shall  make
  an  order  for  temporary child support notwithstanding that information
  with respect to income and assets of the respondent may be  unavailable.
  Where  such  information  is  available, the court may make an award for
  temporary child support pursuant to the formula set forth in subdivision
  one of section four hundred thirteen of this act. An order  making  such
  award  shall  be  deemed to have been issued pursuant to article four of
  this act. Upon making an order for temporary child support  pursuant  to
  this   subdivision,  the  court  shall  advise  the  petitioner  of  the
  availability of  child  support  enforcement  services  by  the  support
  collection  unit  of the local department of social services, to enforce
  the temporary order and to assist in securing continued  child  support,
  and  shall  set  the  support  matter  down  for  further proceedings in
  accordance with article four of this act.
    Where the court determines that the respondent  has  employer-provided
  medical  insurance, the court may further direct, as part of an order of
  temporary  support  under  this  subdivision,  that  a  medical  support
  execution  be  issued  and  served  upon  the  respondent's  employer as
  provided for  in  section  fifty-two  hundred  forty-one  of  the  civil
  practice law and rules.