§ 828. Temporary order of protection; temporary orders for child
support and spousal maintenance. 1. (a) Upon the filing of a petition or
counter-claim under this article, the court for good cause shown may
issue a temporary order of protection, which may contain any of the
provisions authorized on the making of an order of protection under
section eight hundred forty-two, provided that the court shall make a
determination, and the court shall state such determination in a written
decision or on the record, whether to impose a condition pursuant to
this subdivision, provided further, however, that failure to make such a
determination shall not affect the validity of such order of protection.
In making such determination, the court shall consider, but shall not be
limited to consideration of, whether the temporary order of protection
is likely to achieve its purpose in the absence of such a condition,
conduct subject to prior orders of protection, prior incidents of abuse,
extent of past or present injury, threats, drug or alcohol abuse, and
access to weapons.

(b) Upon the filing of a petition under this article, or as soon
thereafter as the petitioner appears before the court, the court shall
advise the petitioner of the right to proceed in both the family and
criminal courts, pursuant to the provisions of section one hundred
fifteen of this act.

2. A temporary order of protection is not a finding of wrongdoing.

3. The court may issue or extend a temporary order of protection ex
parte or on notice simultaneously with the issuance of a warrant,
directing that the respondent be arrested and brought before the court,
pursuant to section eight hundred twenty-seven of this article.

4. Notwithstanding the provisions of section eight hundred seventeen
of this article the court may, together with a temporary order of
protection issued pursuant to this section, issue an order for temporary
child support, in an amount sufficient to meet the needs of the child,
without a showing of immediate or emergency need. The court shall make
an order for temporary child support notwithstanding that information
with respect to income and assets of the respondent may be unavailable.
Where such information is available, the court may make an award for
temporary child support pursuant to the formula set forth in subdivision
one of section four hundred thirteen of this act. An order making such
award shall be deemed to have been issued pursuant to article four of
this act. Upon making an order for temporary child support pursuant to
this subdivision, the court shall advise the petitioner of the
availability of child support enforcement services by the support
collection unit of the local department of social services, to enforce
the temporary order and to assist in securing continued child support,
and shall set the support matter down for further proceedings in
accordance with article four of this act.

Where the court determines that the respondent has employer-provided
medical insurance, the court may further direct, as part of an order of
temporary support under this subdivision, that a medical support
execution be issued and served upon the respondent's employer as
provided for in section fifty-two hundred forty-one of the civil
practice law and rules.

5. Notwithstanding the provisions of section eight hundred seventeen
of this article, where a temporary order of spousal support has not
already been issued, the court may, in addition to the issuance of a
temporary order of protection pursuant to this section, issue an order
directing the parties to appear within seven business days of the
issuance of the order in the family court, in the same action, for
consideration of an order for temporary spousal support in accordance
with article four of this act. If the court directs the parties to so
appear, the court shall direct the parties to appear with information
with respect to income and assets, but a temporary order for spousal
support may be issued pursuant to article four of this act on the return
date notwithstanding the respondent's default upon notice and
notwithstanding that information with respect to income and assets of
the petitioner or respondent may be unavailable.