New York Court Acts|SECTION 759

                                                

  § 759. Order of protection. The court may make an order of protection
in assistance or as a condition of any order issued under this article.
The order of protection may set forth reasonable conditions of behavior
to be observed for a specified time by a person who is before the court
and is a parent or other person legally responsible for the child's care
or the spouse of the parent or other person legally responsible for the
child's care, or respondent or both. Such an order may require any such
person

(a) to stay away from the home, school, business or place of
employment of any other party, the other spouse, the other parent or the
child, and to stay away from any other specific location designated by
the court;

(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in
subdivision one of section eight hundred twelve of this act, or any
criminal offense against the child or against the other parent or
against any person to whom custody of the child is awarded, or from
harassing, intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a
specified period of time in order to remove personal belongings not in
issue in this proceeding or in any other proceeding or action under this
act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;

(f) to participate in family counseling or other professional
counseling activities, or other services, including alternative dispute
resolution services conducted by an authorized person or an authorized
agency to which the youth has been referred or placed, deemed necessary
for the rehabilitation of the youth, provided that such family
counseling, other counseling activity or other necessary services are
not contrary to such person's religious beliefs;

(g) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;

(h) 1. to refrain from intentionally injuring or killing, without
justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the person protected by the order or
a minor child residing in such person's household.

2. "Companion animal", as used in this section, shall have the same
meaning as in subdivision five of section three hundred fifty of the
agriculture and markets law;

(i) 1. to refrain from remotely controlling any connected devices
affecting the home, vehicle or property of the person protected by the
order.

2. For purposes of this subdivision, "connected device" shall mean any
device, or other physical object that is capable of connecting to the
internet, directly or indirectly, and that is assigned an internet
protocol address or bluetooth address; and

(j) to observe such other conditions as are necessary to further the
purposes of protection.

The court may also award custody of the child, during the term of the
order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court power
to place or board out any child to an institution or agency. In making
orders of protection, the court shall so act as to insure that in the
care, protection, discipline and guardianship of the child his religious
faith shall be preserved and protected.

Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.

In any proceeding pursuant to this article, a court shall not deny an
order of protection, or dismiss an application for such an order, solely
on the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or the conclusion of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.

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.