Title FCT, Family Court

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

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

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

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

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

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

§ 783. Use of records in other court; expungement of records. (a)\nNeither the fact that a person was before the family court under this\narticle for a hearing nor any confession, admission or statement made by\nhim or her to the court or to any officer thereof in any stage of t…

§ 783-a. Consolidation of records within a city having a population of\none million or more. Notwithstanding any other provision of law, in a\ncity having a population of one million or more, an index of the records\nof the local probation departments located in the counties com…

§ 784. Use of police records. All police records relating to the\narrest and disposition of any person under this article shall be kept in\nfiles separate and apart from the arrests of adults and shall be\nwithheld from public inspection, but such records shall be open to\ninspe…

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

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

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

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

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

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

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

§ 821. Originating proceedings. 1. A proceeding under this article is\noriginated by the filing of a petition containing the following:\n (a) An allegation that the respondent assaulted or attempted to\nassault his or her spouse, or former spouse, parent, child or other\nmember …

§ 821-a. Preliminary procedure. 1. Upon the filing of a petition\nunder this article, the court shall advise the petitioner of the right\nto retain legal representation or if indigent, the right to have counsel\nappointed pursuant to section two hundred sixty-two of this act.\n …

§ 822. Person who may originate proceedings. (a) Any person in the\nrelation to the respondent of spouse, or former spouse, parent, child,\nor member of the same family or household;\n (b) A duly authorized agency, association, society, or institution;\n (c) A peace officer, act…

§ 823. Rules of court for preliminary procedure. (a) Rules of court\nmay authorize the probation service\n (i) to confer with any person seeking to file a petition, the\npotential petitioner and other interested persons concerning the\nadvisability of filing a petition under thi…

§ 824. Admissibility of statements made during preliminary conference.\nNo statement made during a preliminary conference may be admitted into\nevidence at a fact-finding hearing under this act or in a criminal court\nat any time prior to conviction.\n

§ 825. Issuance of summons. On the filing of a petition under this\narticle, the court may cause a copy of the petition and a summons to be\nissued, requiring the respondent to appear at the court at a time and\nplace to answer the petition.\n

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

§ 827. Issuance of warrant; certificate of warrant. (a) The court may\nissue a warrant, directing that the respondent be brought before the\ncourt, when a petition is presented to the court under section eight\nhundred twenty-one and it appears that\n (i) the summons cannot be s…

§ 828. Temporary order of protection; temporary orders for child\nsupport and spousal maintenance. 1. (a) Upon the filing of a petition or\ncounter-claim under this article, the court for good cause shown may\nissue a temporary order of protection, which may contain any of the\n…

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

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

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

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

§ 836. Adjournments. (a) The court may adjourn a fact-finding hearing\nor a dispositional hearing for good cause shown on its own motion or on\nmotion of either party.\n (b) At the conclusion of a fact-finding hearing and after it has made\nfindings required before a disposition…

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

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

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

§ 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\nand conditions of any order issued under section eight hundred\nforty-one, paragraphs (b), (c) and (d).\n

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

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

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

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

§ 911. Purpose. This article is designed to implement section\nthirteen-c, subdivision six, of article six of the constitution by\nmaking available an informal conciliation procedure to those whose\nmarriage is in trouble.\n

§ 912. Jurisdiction. The family court has original jurisdiction over\nconciliation proceedings under this article.\n

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

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

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

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

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

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

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

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

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