§ 821-a. Preliminary procedure. 1. Upon the filing of a petition
under this article, the court shall advise the petitioner of the right
to retain legal representation or if indigent, the right to have counsel
appointed pursuant to section two hundred sixty-two of this act.

2. Upon the filing of a petition under this article, the court may:

(a) issue a summons pursuant to section eight hundred twenty-six of
this part or issue a warrant pursuant to section eight hundred
twenty-seven of this part;

(b) issue a temporary order of protection in favor of the petitioner
and, where appropriate, the petitioner's children or any other children
residing in the petitioner's household, pursuant to section eight
hundred twenty-eight of this part.

3. Where the respondent is brought before the court pursuant to a
summons under section eight hundred twenty-six of this part or a warrant
issued under section eight hundred twenty-seven of this part, or where a
respondent voluntarily appears before the court after such summons or
warrant has been issued, the court shall:

(a) advise the parties of the right to retain legal representation or,
if indigent, the right to have counsel appointed pursuant to section two
hundred sixty-two of this act;

(b) advise the respondent of the allegations contained in the petition
before the court; and

(c) provide the respondent with a copy of such petition; and the court
may:

(i) order the release of the respondent on his or her own recognizance
pending further appearances as required by the court;

(ii) direct that the respondent post bail in a manner authorized
pursuant to section one hundred fifty-five-a of this act in an amount
set by the court; or

(iii) issue a commitment order directing that the respondent be
remanded to the custody of the county sheriff or other appropriate law
enforcement official until such time as bail is posted as required by
the court.

4. Where the court directs that the respondent post bail or that the
respondent be committed to the custody of a law enforcement official as
provided for herein, and the respondent fails to post bail or otherwise
remains in custody, a hearing shall be held without unreasonable delay
but in no event later than one hundred twenty hours after the arrest of
the respondent or in the event that a Saturday, Sunday, or legal holiday
occurs during such custody, one hundred forty-four hours after the
arrest of the respondent, to determine upon material and relevant
evidence whether sufficient cause exists to keep the respondent in
custody. If the court determines that sufficient cause does not exist or
if no hearing is timely held, the respondent shall immediately be
released on the respondent's own recognizance.

5. (a) At such time as the petitioner first appears before the court,
the court shall advise the petitioner that the petitioner may: continue
with the hearing and disposition of such petition in the family court;
or have the allegations contained therein heard in an appropriate
criminal court; or proceed concurrently in both family and criminal
court.

(b) Where the petitioner seeks to have the petition heard and
determined in the family court, the court shall set the matter down for
further proceedings pursuant to the provisions of this article. Nothing
herein shall be deemed to limit or restrict petitioner's rights to seek
to proceed directly in either 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.

6. When both parties first appear before the court, the court shall
inquire as to the existence of any other orders of protection involving
the parties.