Legislation
SECTION 154-C
Orders of protection; procedural requirements
Family Court Act (FCT) CHAPTER 686, ARTICLE 1, PART 5
§ 154-c. Orders of protection; procedural requirements. 1. Expiration
dates. Any order of protection or temporary order of protection issued
under articles three, four, five, six, seven, eight, ten and ten-A of
this act shall plainly state the date that such order expires.
2. Modifications of orders of protection. Except as provided in
subdivision two of section one hundred fifty-four-d of this act, any
motion to vacate or modify any order of protection or temporary order of
protection issued under this act shall be on notice to the non-moving
party and the child's attorney, if any.
3. Pleadings and requisite findings. No order of protection may direct
any party to observe conditions of behavior unless: (i) the party
requesting the order of protection has served and filed a petition or
counter-claim in accordance with article four, five, six or eight of
this act and, (ii) the court has made a finding on the record that such
party is entitled to issuance of the order of protection which may
result from a judicial finding of fact, judicial acceptance of an
admission by the party against whom the order was issued or judicial
finding that the party against whom the order is issued has given
knowing, intelligent and voluntary consent to its issuance. Nothing
herein shall be deemed to limit or restrict the authority of the court
to issue a temporary order of protection on an ex parte basis.
dates. Any order of protection or temporary order of protection issued
under articles three, four, five, six, seven, eight, ten and ten-A of
this act shall plainly state the date that such order expires.
2. Modifications of orders of protection. Except as provided in
subdivision two of section one hundred fifty-four-d of this act, any
motion to vacate or modify any order of protection or temporary order of
protection issued under this act shall be on notice to the non-moving
party and the child's attorney, if any.
3. Pleadings and requisite findings. No order of protection may direct
any party to observe conditions of behavior unless: (i) the party
requesting the order of protection has served and filed a petition or
counter-claim in accordance with article four, five, six or eight of
this act and, (ii) the court has made a finding on the record that such
party is entitled to issuance of the order of protection which may
result from a judicial finding of fact, judicial acceptance of an
admission by the party against whom the order was issued or judicial
finding that the party against whom the order is issued has given
knowing, intelligent and voluntary consent to its issuance. Nothing
herein shall be deemed to limit or restrict the authority of the court
to issue a temporary order of protection on an ex parte basis.