New York State Consolidated Laws
Family Court Act
Part 6 - Article 1 - Family Court
GENERAL PROVISIONS CONCERNING HEARINGS
||Days and hours court open; availability of judge.
||Waiting room for children.
||Separate hearing when child appears.
||Judicial notice of matters of law; proof of statutes, decrees and decisions of another state or county.
||Privacy of records.
||Effect of personal appearance.
||Notice of order of protection.
S 161. Days and hours court open; availability of judge. (a) The days
and hours the court is open shall be as provided by rule of court.
(b) For purposes of sections seven hundred twenty-eight and one
thousand twenty-two of this act, rules of court may authorize a judge
other than a judge of the family court to perform the functions of a
family court judge under those sections.
(c) For purposes of subdivision (a) of section four hundred thirty,
subdivision (a) of section five hundred fifty, subdivision (a) of
section six hundred fifty-five, subdivision (a) of section seven hundred
forty, subdivision one of section eight hundred twenty-eight and
subdivision (a) of section one thousand twenty-nine of this act, any
magistrate is authorized to perform the functions of a family court
judge as prescribed in such sections.
S 162. Waiting room for children. So far as possible a waiting room
with a competent person in charge shall be provided for the care of
children brought to the family court under this act.
S 163. Separate hearing when child appears. Any case under this act in
which children are directly involved or appear shall be heard separately
and apart from the hearing of cases against adults, and, where
practicable, room separate and apart from a regular court room shall be
provided for the use of the family court, together with suitable
quarters for the use of the judge, probation officers and other
employees of the court.
S 164. Judicial notice of matters of law; proof of statutes, decrees
and decisions of another state or county. The provisions of the civil
practice law and rules and any rules regulating judicial notice and
authentication and proof of records shall, unless otherwise prescribed
by this act, apply to proceedings under this act to the extent that they
are appropriate to the proceedings involved.
S 165. Procedure. (a) Where the method of procedure in any proceeding
in which the family court has jurisdiction is not prescribed by this
act, the procedure shall be in accord with rules adopted by the
administrative board of the judicial conference or, if none has been
adopted, with the provisions of the civil practice act to the extent
they are suitable to the proceeding involved. Upon the effective date of
the CPLR, where the method of procedure in any proceeding in which the
family court has jurisdiction is not prescribed, the provisions of the
civil practice law and rules shall apply to the extent that they are
appropriate to the proceedings involved.
(b) In any proceeding commenced pursuant to the provisions of the
social services law in which the family court has exercised
jurisdiction, the provisions of articles one, two and eleven of the
family court act shall apply to the extent that they do not conflict
with the specific provisions of the social services law.
S 166. Privacy of records. The records of any proceeding in the family
court shall not be open to indiscriminate public inspection. However,
the court in its discretion in any case may permit the inspection of any
papers or records. Any duly authorized agency, association, society or
institution to which a child is committed may cause an inspection of the
record of investigation to be had and may in the discretion of the court
obtain a copy of the whole or part of such record.
S 167. Effect of personal appearance. Whenever a person, whether adult
or child, to whom a summons shall have been directed shall physically
appear before the court on the return day of such summons, it shall be
conclusively presumed that the summons was duly served upon such person
in accordance with the provisions of this act unless such person or some
one in his behalf shall on such return day make objection to the manner
S 168. Notice of order of protection. 1. In any case in which an order
of protection or temporary order of protection has been made by the
family court, the clerk of the court shall issue a copy of such order to
the petitioner and respondent and to any other person affected by the
order. The presentation of a copy of an order of protection or temporary
order of protection or a warrant or a certificate of warrant to any
peace officer, acting pursuant to his special duties, or police officer
shall constitute authority for him to arrest a person charged with
violating the terms of such order of protection or temporary order of
protection and bring such person before the court and, otherwise, so far
as lies within his power, to aid in securing the protection such order
was intended to afford, provided, however, that any outstanding,
unexpired certificate of order of protection or temporary order of
protection shall have the same force and effect as a copy of such order
or temporary order.
2. A copy of an order of protection or temporary order of protection
shall be filed by the clerk of the court with the sheriff's office or
police department in the county in which the petitioner resides, or, if
the petitioner resides within a city, with the police department of such
city. A copy of such order of protection or temporary order of
protection may from time to time be filed by the clerk of the court with
any other police department or sheriff's office having jurisdiction of
the residence, work place and school of anyone intended to be protected
by such order. A copy of the order of protection or temporary order of
protection may also be filed by the petitioner with any appropriate
police department or sheriff's office having jursidiction. Any
subsequent amendment or revocation of such order shall be filed in the
same manner as herein provided. Any outstanding, unexpired certificate
or order of protection or temporary order of protection shall be filed
in the same manner as a copy of an order of protection or temporary
order of protection.
3. Any order of protection or temporary order of protection issued by
the family court shall bear, in a conspicuous manner, the language, as
the case may be, "this order constitutes an order of protection" or
"this order constitutes a temporary order of protection", on the front
page of said order. The order of protection or temporary order of
protection shall also contain the following notice: "This order of
protection will remain in effect even if the protected party has, or
consents to have, contact or communication with the party against whom
the order is issued. This order of protection can only be modified or
terminated by the court. The protected party cannot be held to violate
this order nor be arrested for violating this order.". The absence of
such language shall not affect the validity of such order.
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