Temporary Order Of Protection {SC-1}

D.R.L. §§ 240, 252 Form SC -1 12/2013 ORI No: Order No: NYSID No: __________________ At a _______ Term (IAS Part) ______________ of the Supreme Court, State of , at the Courthouse at New York, County of PRESENT: Hon. In the Matter of a Proceeding under Section (240) (252) of the Domestic Relations Law TEMPORARY ORDER OF PROTECTION D.R.L. §§ 240, 252 Index No. Plaintiff/Petitioner Date of Birth: v. (Check one) " Ex parte " Both Parties Present In Court Defendant/Respondent Date of Birth: NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST AND CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARS FOR CRIMINAL CONTEMPT, AND/OR MAY SUBJECT YOU TO SUPREME COURT PROSECUTION AND PENALTIES FOR CONTEMPT OF COURT. IF YOU FAIL TO APPEAR IN COURT WHEN YOU ARE REQUIRED TO DO SO, THIS ORDER MAY BE EXTENDED IN YOUR ABSENCE AND THEN CONTINUES IN EFFECT UNTIL A NEW DATE SET BY THE COURT. 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. Whereas a determination has been made in accordance with section " 240 " 252 of the Domestic Relations Law, and the Respondent having been [check applicable box]: " present in Court and advised of the issuance and contents of this Order " not present in Court, and good cause having been shown, Now, therefore, it is hereby ordered that [specify first name, middle initial and last name]: observe the following conditions of behavior: (Check Applicable Paragraphs and Subparagraphs) [01] ` Stay away from [A] " [name(s) of protected persons] and/or from the [B] " home of [C] " school of [D] " business of [E] " place of employment of [F] " other [specify location] , , , , , ; [14] ` Refrain from communication or any other contact by mail or by telephone, e-mail, voice-mail or other electronic or any other means with [specify protected person(s)]: American LegalNet, Inc. www.FormsWorkFlow.com Form SC-1 Page 2 ; [02] ` Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larceny, coercion or any criminal offense against [specify protected person(s) and/ or members of protected person's family or household, and/or person(s) with custody of child(ren)]: ; [15] ` Refrain from intentionally injuring or killing without justification the following companion animal (s) (pet(s)) ; [specify type(s) and, if available, name(s)]: to enter the residence during [specify date/time] [11] ` Permit [specify individual] in order to remove with [specify law enforcement agency, if any]: personal belongings not in issue in litigation [specify items]: ; that create an unreasonable [04] ` Refrain from (indicate acts) risk to the health, safety, or welfare of [specify child(ren), family or household members]: ; [05] ` Permit [specify individual] order or separation or other written agreement, to visit with [specify child(ren)]: during the following periods of time [specify]: ; under the following terms and conditions [specify]: , entitled by a court ; [07] ` Temporary Custody of [specify child(ren)]: shall be awarded to [specify individual]: under the following terms and conditions [specify]: ; [12] ` Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, including, but not limited to, the following: and do not obtain any further guns or other firearms. Such surrender shall take place immediately, but not later at [specify]: than [specify date/time]: ; [ ] ` Promptly return or transfer the following identification documents specify]: ____________________________________________________________________________________to the party in the following protected by this Order NOT LATER THAN [specify date]: manner [specify manner or mode of return or transfer]: ____________________________________________ [Check box(es) if applicable]: ` Such documents shall be made available for use as evidence in this judicial proceeding. ` [Jointly owned documents or documents in both parties' names only]: The following document(s) may be used as necessary for legitimate use by the . Respondent [specify]: ` Pay counsel fees and/or any costs associated with the order to [specify person and terms]: ; [99] ` Observe such other conditions as are necessary to further the purposes of protection [specify conditions]: American LegalNet, Inc. www.FormsWorkFlow.com Form SC-1 Page 3 It is further ordered that the license of the person against whom this order is issued to carry, possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Penal Law §400.00, is hereby (Check all applicable boxes): [13A] ` suspended [13B] ` revoked, and/ or [13C] " the person against whom this order is issued shall remain ineligible to receive a firearm license during the period of this order.. It is further ordered that this order of protection shall remain in force until and including [specify date]: , but if you fail to appear in court when you are required to do so, the order may be extended and continue in effect until a new date set by the Court. The Domestic Relations Law provides that the presentation of a copy of this order of protection to a police officer or peace officer acting pursuant to his or her special duties shall authorize, and sometimes requires, such officer to arrest a person who is alleged to have violated the terms of the order and to bring him or her before the Court to face penalties authorized by law. Federal law requires that this order must be honored and enforced by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, territory or possession of the United States, if the person against whom the order is sought is an intimate partner of the protected party and has or will be afforded reasonable notice and opportunity to be heard in accordance with state law sufficient to protect that person's rights (18 U.S.C.§§ 2265, 2266). It is a federal crime to: · cross state lines to violate this order or to stalk, har