§ 154-d. Emergency powers; local criminal courts. 1. Issuance of
temporary orders of protection. Upon the request of the petitioner, a
local criminal court may on an ex parte basis issue a temporary order of
protection pending a hearing in family court, provided that a sworn
affidavit, certified in accordance with subdivision one of section
100.30 of the criminal procedure law is submitted: (i) alleging that the
family court is not in session; (ii) alleging that a family offense, as
defined in subdivision one of section eight hundred twelve of this act
or subdivision one of section 530.11 of the criminal procedure law, has
been committed; (iii) alleging that a family offense petition has been
filed or will be filed in family court on the next day the court is in
session; and (iv) showing good cause. Upon appearance in a local
criminal court, the petitioner shall be advised that he or she may
continue with the proceeding either in family court or, upon the filing
of a local criminal court accusatory instrument, in criminal court or
both. Upon issuance of a temporary order of protection where petitioner
requests that it be returnable in family court, the local criminal court
shall transfer the matter forthwith to the family court and shall make
the matter returnable in family court on the next day the family court
is in session, or as soon thereafter as practicable, but in no event
more than four calendar days after issuance of the order. The local
criminal court, upon issuing a temporary order of protection returnable
in family court pursuant to this subdivision shall immediately forward
in a manner designed to ensure arrival before the return date set in the
order, a copy of the temporary order of protection and sworn affidavit
to the family court and shall provide a copy of such temporary order of
protection to the petitioner; provided, however, that if the temporary
order of protection and affidavit are transmitted by facsimile or other
electronic means, the original order and affidavit shall be forwarded to
the family court immediately thereafter. Any temporary order of
protection issued pursuant to this subdivision shall be issued to the
respondent and copies shall be filed as required in subdivisions six and
eight of section 530.12 of the criminal procedure law for orders of
protection issued pursuant to such section. Any temporary order of
protection issued pursuant to this subdivision shall plainly state the
date that such order expires which, in the case of an order returnable
in family court, shall be not more than four calendar days after its
issuance, unless sooner vacated or modified by the family court. A
petitioner requesting a temporary order of protection returnable in
family court pursuant to this subdivision in a case in which a family
court petition has not been filed shall be informed that such temporary
order of protection shall expire as provided for herein, unless the
petitioner files a petition pursuant to subdivision one of section eight
hundred twenty-one of this act on or before the return date in family
court and the family court issues a temporary order of protection as
authorized under article eight of this act. Nothing in this subdivision
shall limit or restrict the petitioner's right to proceed directly and
without court referral in either a criminal or family court, or both, as
provided for in section one hundred fifteen of this act and section
100.07 of the criminal procedure law.

2. Modifications of orders of protection or temporary orders of
protection. Upon the request of the petitioner, a local criminal court
may on an ex parte basis modify a temporary order of protection or order
of protection which has been issued under article four, five, six or
eight of this act pending a hearing in family court, provided that a
sworn affidavit, verified in accordance with subdivision one of section
100.30 of the criminal procedure law, is submitted: (i) alleging that
the family court is not in session and (ii) showing good cause,
including a showing that the existing order is insufficient for the
purposes of protection of the petitioner, the petitioner's child or
children or other members of the petitioner's family or household. The
local criminal court shall make the matter regarding the modification of
the order returnable in family court on the next day the family court is
in session, or as soon thereafter as practicable, but in no event more
than four calendar days after issuance of the modified order. The local
criminal court shall immediately forward, in a manner designed to ensure
arrival before the return date set in the order, a copy of the modified
order if any and sworn affidavit to the family court and shall provide a
copy of such modified order, if any, and affidavit to the petitioner;
provided, however, that if the modified order and affidavit are
transmitted to the family court by facsimile or other electronic means,
the original copy of such modified order and affidavit shall be
forwarded to the family court immediately thereafter. Any modified
temporary order of protection or order of protection issued pursuant to
this subdivision shall be issued to the respondent, and copies shall be
filed as provided in subdivisions six and eight of section 530.12 of the
criminal procedure law for orders of protection issued pursuant to such
section.