STATE OF NEW YORK
________________________________________________________________________
2861--A
2023-2024 Regular Sessions
IN SENATE
January 25, 2023
___________
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the family court act, in relation to temporary orders of
protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 304.2 of the family court act, as added by chapter
2 683 of the laws of 1984, is amended to read as follows:
3 § 304.2. Temporary order of protection. (1) Upon application by the
4 presentment agency, the court may issue a temporary order of protection
5 against a respondent for good cause shown, ex parte or upon notice, at
6 any time after a juvenile is taken into custody, pursuant to section
7 305.1 or 305.2 or upon the issuance of an appearance ticket pursuant to
8 section 307.1 or upon the filing of a petition pursuant to section 310.1
9 or upon application of the county probation department as a part of the
10 adjustment process pursuant to CFR 204.31 and section 205.31 of the
11 uniform rules for the family court.
12 (2) A temporary order of protection may contain any of the provisions
13 authorized on the making of an order of protection under section 352.3.
14 (3) A temporary order of protection is not a finding of wrongdoing.
15 (4) A temporary order of protection may remain in effect until an
16 order of disposition is entered.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06389-03-3
