Title FCT, Family Court

§ 779-a. Petition and hearing on violation of order of probation or suspended judgment. (a) If, at any time during the period of probation, the petitioner, probation service or appropriate presentment agency has reasonable cause to believe the respondent has violated a condition…

§ 780. Failure to comply with order of protection. If any person is brought before the court for failure to comply with the terms and conditions of an order of protection properly issued under this article and applicable to him and if, after hearing, the court is satisfied by co…

§ 780-a. Firearms; surrender and license suspension, revocation and ineligibility. Upon the issuance of an order of protection or temporary order of protection, or upon a violation of such order, the court shall make a determination regarding the suspension and revocation of a l…

§ 781. Nature of adjudication. No adjudication under this article may be denominated a conviction, and no person adjudicated a person in need of supervision under this article shall be denominated a criminal by reason of such adjudication.

§ 782. Effect of adjudication. No adjudication under this article shall operate as a forfeiture of any right or privilege or disqualify any person from subsequently holding public office or receiving any license granted by public authority.

§ 782-a. Transfer of records and information to institutions and agencies. Whenever a person is placed with an institution suitable for the placement of a person adjudicated in need of supervision maintained by the state or any subdivision thereof or to an authorized agency, the…

§ 783. Use of records in other court; expungement of records. (a) Neither the fact that a person was before the family court under this article for a hearing nor any confession, admission or statement made by him or her to the court or to any officer thereof in any stage of the …

§ 783-a. Consolidation of records within a city having a population of one million or more. Notwithstanding any other provision of law, in a city having a population of one million or more, an index of the records of the local probation departments located in the counties compri…

§ 784. Use of police records. All police records relating to the arrest and disposition of any person under this article shall be kept in files separate and apart from the arrests of adults and shall be withheld from public inspection, but such records shall be open to inspectio…

§ 812. Procedures for family offense proceedings. 1. Jurisdiction. The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct, unlawful dissemination or publication of an intimate imag…

§ 813. Transfer to criminal court. 1. At any time prior to a finding on the petition the court may, with the consent of the petitioner and upon reasonable notice to the district attorney, who shall have an opportunity to be heard, order that any matter which is the subject of a …

§ 814. Rules of court regarding concurrent jurisdiction. The chief administrator of the courts pursuant to paragraph (e) of subdivision two of section two hundred twelve of the judiciary law shall promulgate rules to facilitate record sharing and other communication between the …

§ 814-a. Uniform forms. The chief administrator of the courts, shall promulgate appropriate uniform temporary orders of protection and orders of protection forms, applicable to proceedings under this article, to be used throughout the state. Such forms shall be promulgated and d…

§ 815. Transcript of family offense proceedings; request by district attorney. The court shall, upon the written request of a district attorney stating that such transcript is necessary in order to conduct a criminal investigation or prosecution involving the petitioner or respo…

§ 817. Support, paternity and child protection. On its own motion and at any time in proceedings under this article, the court may direct the filing of a child protective petition under article ten of this chapter, a support petition under article four, or a paternity petition u…

§ 818. Venue. Proceedings under this article may be originated in the county in which the act or acts referred to in the petition allegedly occurred or in which the family or household resides or in which any party resides. For the purposes of this section, residence shall inclu…

§ 821. Originating proceedings. 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 th…

§ 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. Up…

§ 822. Person who may originate proceedings. (a) Any person in the relation to the respondent of spouse, or former spouse, parent, child, or member of the same family or household; (b) A duly authorized agency, association, society, or institution; (c) A peace officer, acting pu…

§ 823. Rules of court for preliminary procedure. (a) Rules of court may authorize the probation service (i) to confer with any person seeking to file a petition, the potential petitioner and other interested persons concerning the advisability of filing a petition under this art…

§ 824. Admissibility of statements made during preliminary conference. No statement made during a preliminary conference may be admitted into evidence at a fact-finding hearing under this act or in a criminal court at any time prior to conviction.

§ 825. Issuance of summons. On the filing of a petition under this article, the court may cause a copy of the petition and a summons to be issued, requiring the respondent to appear at the court at a time and place to answer the petition.

§ 826. Service of summons. (a) Unless the court issues a warrant pursuant to section eight hundred twenty-seven of this part, service of a summons and petition shall be made by delivery of a true copy thereof to the person summoned at least twenty-four hours before the time stat…

§ 827. Issuance of warrant; certificate of warrant. (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…

§ 828. Temporary order of protection; temporary orders for child support and spousal maintenance. 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 prov…

§ 832. Definition of "fact-finding hearing". When used in this article, "fact-finding hearing" means a hearing to determine whether the allegations of a petition under section eight hundred twenty-one are supported by a fair preponderance of the evidence.

§ 833. Definition of "dispositional hearing". When used in this article, "dispositional hearing" means in the case of a petition under this article a hearing to determine what order of disposition should be made.

§ 834. Evidence. Only competent, material and relevant evidence may be admitted in a fact-finding hearing; only material and relevant evidence may be admitted in a dispositional hearing.

§ 835. Sequence of hearings. (a) Upon completion of the fact-finding hearing, the dispositional hearing may commence immediately after the required findings are made. (b) Reports prepared by the probation service for use by the court at any time prior to the making of an order o…

§ 836. Adjournments. (a) The court may adjourn a fact-finding hearing or a dispositional hearing for good cause shown on its own motion or on motion of either party. (b) At the conclusion of a fact-finding hearing and after it has made findings required before a dispositional he…

§ 838. Petitioner and respondent may have friend or relative present. Unless the court shall find it undesirable, the petitioner shall be entitled to a non-witness friend, relative, counselor or social worker present in the court room. This section does not authorize any such pe…

§ 841. Orders of disposition. At the conclusion of a dispositional hearing under this article, the court may enter an order: (a) dismissing the petition, if the allegations of the petition are not established; or (b) suspending judgment for a period not in excess of six months; …

§ 842. Order of protection. An order of protection under section eight hundred forty-one of this part shall set forth reasonable conditions of behavior to be observed for a period not in excess of two years by the petitioner or respondent or for a period not in excess of five ye…

§ 842-a. Suspension and revocation of a license to carry, possess,\nrepair or dispose of a firearm or firearms pursuant to section 400.00 of\nthe penal law and ineligibility for such a license; order to surrender\nfirearms; order to seize firearms.\n 1. Suspension of firearms li…

§ 843. Rules of court. Rules of court shall define permissible terms and conditions of any order issued under section eight hundred forty-one, paragraphs (b), (c) and (d).

§ 844. Reconsideration and modification. For good cause shown, the family court may after hearing reconsider and modify any order issued under paragraphs (b), (c) and (d) of section eight hundred forty-one.

§ 846. Petition; violation of court order. Proceedings under this part shall be originated by the filing of a petition containing an allegation that the respondent has failed to obey a lawful order of this court or an order of protection issued by a court of competent jurisdicti…

§ 846-a. Powers on failure to obey order. If a respondent is brought before the court for failure to obey any lawful order issued under this article or an order of protection or temporary order of protection issued pursuant to this act or issued by a court of competent jurisdict…

§ 847. Procedures for violation of orders of protection; certain cases. An assault, attempted assault or other family offense as defined in section eight hundred twelve of this article which occurs subsequent to the issuance of an order of protection under this article shall be …

§ 911. Purpose. This article is designed to implement section thirteen-c, subdivision six, of article six of the constitution by making available an informal conciliation procedure to those whose marriage is in trouble.

§ 912. Jurisdiction. The family court has original jurisdiction over conciliation proceedings under this article.

§ 913. Support and family offense proceedings. On its own motion and at any time in a proceeding under this article, the court may direct the filing of a support petition under article four or a family offense petition under article eight of this act.

§ 914. No effect on marital status. The family court in a proceeding under this article may not issue any order affecting the marital status of the petitioner or of the petitioner's spouse or relieving either of any marital obligation.

§ 915. Confidentiality of statements. All statements made in proceedings under this article are confidential and shall not be admissible in evidence in any subsequent proceeding or action.

§ 921. Originating proceeding. A spouse may originate a conciliation proceeding under this article by filing a petition stating that his or her marriage is in difficulty and that the conciliation services of the family court are needed.

§ 922. Preliminary procedure. The probation service is authorized to confer with a potential petitioner and may invite the potential petitioner's spouse and any other interested person to attend such conferences as appear to be advisable in conciliating the spouses. The probatio…

§ 923. Referral to voluntary agency. (a) The probation service may recommend to the petitioner and to the petitioner's spouse that they consult with interested voluntary social or religious agencies in the community. If they consent, the service may thereupon refer them to any s…

§ 924. Attendance at conference. If the petitioner's spouse does not attend a conference to which he or she has been invited after the filing of a petition under section nine hundred twenty-one, the petitioner may apply to the court for an order directing the petitioner's spouse…

§ 925. Continuation of proceeding. If the petitioner's spouse attends a conference to which he or she has been invited under section nine hundred twenty-two or has been directed to attend under section nine hundred twenty-four and thereafter does not attend any conciliation conf…

§ 926. Duration of proceeding. Unless both spouses consent to the continuation of a conciliation proceeding under this article, it terminates ninety days after the filing of the petition.