§ 153-c. Temporary order of protection. (a) Any person appearing at
family court when the court is open requesting a temporary order of
protection under any article of this act shall be entitled to file a
petition without delay on the same day such person first appears at the
family court, and a hearing on that request shall be held on the same
day or the next day that the family court is open following the filing
of such petition.

(b) As provided in this section, the chief administrator of the
courts, with the approval of the administrative board of the courts, may
promulgate rules to establish and implement a pilot program for the
filing of petitions for temporary orders of protection by electronic
means and for the issuance of such orders ex parte by audio-visual means
in order to accommodate litigants for whom attendance at court to file
for, and obtain, emergency relief would constitute an undue hardship or
to accommodate litigants, for whom traveling to and appearing in the
courthouse to obtain emergency relief, creates a risk of harm to such
litigant.

(1) Definitions. As used in this section:

(i) "Electronic means" means any method of transmission of information
between computers or other machines designed for the purpose of sending
and receiving such transmissions, and which allows the recipient to
reproduce the information transmitted in a tangible medium of
expression.

(ii) "Independent audio-visual system" means an electronic system for
the transmission and receiving of audio and visual signals, encompassing
encoded signals, frequency domain multiplexing or other suitable means
to preclude the unauthorized reception and decoding of the signals by
commercially available television receivers, channel converters, or
other available receiving devices.

(iii) "Electronic appearance" means an appearance in which one or more
of the parties are not present in the court, but in which, by means of
an independent audio-visual system, all of the participants are
simultaneously able to see and hear reproductions of the voices and
images of the judge, counsel, parties, witnesses, if any and other
participants.

(2) Development of a pilot program. A plan for a pilot program
pursuant to this section shall be developed by the chief administrator
of the courts or his or her delegate in consultation with one or more
local programs providing assistance to victims of domestic violence, the
office for the prevention of domestic violence, and attorneys who
represent family offense petitions. The plan shall include, but is not
limited to:

(i) identification of one or more family justice centers or
organizations or agencies or other sites outside of the local family
court that are equipped with, or have access to, an independent
audio-visual system and electronic means for filing documents that are
compatible with the equipment in the local family court, with
consideration given to the location of such site or sites and available
resources; and

(ii) identification of one or more licensed and certified
organizations, agencies or entities with advocates for victims of
domestic violence who are trained, and available to assist petitioners
in preparing and filing petitions for temporary orders of protection and
in their electronic appearances before the family court to obtain such
orders; and

(iii) identification of the existing resources available in local
family courts for the implementation and oversight of the pilot program;
and

(iv) delineation of procedures for filing of the petitions and
documents, if any, by electronic means, swearing in the petitioners and
any witnesses, preparation of a verbatim transcription of testimony
presented and a record of evidence adduced and prompt transmission of
any orders issued to the petitioners; and

(v) a timetable for implementation of the pilot program and plan for
informing the public of its availability; and

(vi) a description of data to be collected in order to evaluate and,
if necessary, make recommendations for improvements to the pilot
program.

(3) Filing by electronic means. In conjunction with an electronic
appearance under this section, petitioners for ex parte temporary orders
of protection may, with the assistance of trained advocates, commence
the proceedings by filing petitions by electronic means.

(i) A petitioner who seeks a temporary order of protection ex parte by
use of an electronic appearance must file a petition in advance of such
appearance and may do so by electronic means. The petitioner shall set
forth the circumstances in which traveling to or appearing in the
courthouse would constitute an undue hardship, or create a risk of harm
to the petitioner. In granting or denying the relief sought by the
petitioner, the court shall state the names of all participants, and
whether it is granting or denying an appearance by electronic means and
the basis for such determination; provided, however, that nothing in
this section shall be construed to compel a party to file a petition or
other document by electronic means or to testify by means of an
electronic appearance.

(ii) Nothing in this section shall affect or change any existing laws
governing the service of process, including requirements for personal
service, or the sealing and confidentiality of court records in family
court proceedings, or access to court records by the parties to such
proceedings.

(4) (i) All electronic appearances by petitioners seeking temporary
orders of protection ex parte under this section shall be strictly
voluntary and the consent of such petitioners shall be given on the
record at the commencement of each appearance.

(ii) Appearances taken through the use of an electronic appearance
under this section shall be recorded and preserved for transcription.
Documentary evidence, if any, referred to by a party or witness or the
court may be transmitted and submitted and introduced by electronic
means.