§ 155. Arrested adult. 1. If an adult respondent is arrested under
this act when the family court is not in session, he or she shall be
taken to the most accessible magistrate and arraigned. The production of
a warrant issued by the family court, a certificate of warrant, a copy
or a certificate of the order of protection or temporary order of
protection, an order of protection or temporary order of protection, or
a record of such warrant or order from the statewide computer registry
established pursuant to section two hundred twenty-one-a of the
executive law shall be evidence of the filing of an information,
petition or sworn affidavit, as provided in section one hundred
fifty-four-d of this article. Upon consideration of the bail
recommendation, if any, made by the family court and indicated on the
warrant or certificate of warrant, the magistrate shall thereupon commit
such respondent to the custody of the sheriff, as defined in subdivision
thirty-five of section 1.20 of the criminal procedure law, admit to, fix
or accept bail, or parole him or her for hearing before the family
court, subject to the provisions of subdivision four of section 530.11
of the criminal procedure law concerning arrests upon a violation of an
order of protection.

2. If no warrant, order of protection or temporary order of protection
has been issued by the family court, whether or not an information or
petition has been filed, and an act alleged to be a family offense as
defined in section eight hundred twelve of this act is the basis of an
arrest, the magistrate shall permit the filing of an information,
accusatory instrument or sworn affidavit as provided for in section one
hundred fifty-four-d of this article, verified in accordance with
subdivision one of section 100.30 of the criminal procedure law,
alleging facts in support of a petition pursuant to article eight of
this act. The magistrate shall thereupon commit such respondent to the
custody of the sheriff, as defined in subdivision thirty-five of section
1.20 of the criminal procedure law, admit to, fix or accept bail, or
parole such respondent for hearing before the family court and/or
appropriate criminal court.

3. The protected party in whose favor the order of protection or
temporary order of protection is issued may not be held to violate an
order issued in his or her favor nor may such protected party be
arrested for violating such order.