Family Court Act Article 10, Child Protective Services Part 2, § 1029: Temporary order of protection
If law enforcement or a social services agency has reason to believe that your child has been abused or neglected, then the law allows them to remove the child from your custody. In some cases this accomplished by removing the child from your residence and placing the child in foster care. In other cases it is accomplishing by issuing a temporary order of protection against you forbidding you from having any but supervised contact with the child. Such an order may also require that you leave your home, allowing the child to remain in the residence along with the other parent. Under temporary order of protection provisions of New York Family Court Act, Article 10, Child Protective Services, Part 2 § 1029, a representative of a social services agency or any other person authorized to petition the court to have a child removed, may also request that the court issue a temporary order of protection against you and in favor of your child. The application for an order of protection may be made either before or after a petition for removal is filed. However, if a petition for removal is not filed within 10 days after the order of protection is issued under § 1029, then the order of protection will be vacated.Example
The Administration for Children's Services (ACS) filed a petition against Donald, the respondent father alleging that he neglected his minor son, Jeffrey, by repeated misuse of alcohol that resulted in his losing self-control of his actions. A hearing pursuant to New York Family Court Act, Article 10, Child Protective Services, Part 2 § 1027 was held, resulting in Jeffrey being placed with his mother, Margaret. Margaret lived in the same household as Donald, but was not accused of mistreating Jeffrey. A temporary order of protection was issued that provided that Donald must leave the home and was to have no contact with Jeffrey except for ACS supervised visitation.Related Statutory Provisions
- Temporary removal with consent: New York Family Court Act, Article 10, Child Protective Services, Part 2, § 1021
- Preliminary orders of court before petition filed: New York Family Court Act, Article 10, Child Protective Services, Part 2, 1022
- Emergency removal without court order: New York Family Court Act, Article 10, Child Protective Services, Part 2, § 1024
- Hearing and preliminary orders after filing petition: New York Family Court Act, Article 10, Child Protective Services, Part 2, § 1027
If the authorities suspect that your child has been abused or neglected and they petition the court to have your child removed, the court has the option of issuing a temporary order of protection against you limiting the contact that you are permitted to have with your child. However, if a temporary order of protection is issued but no petition for removal is filed within 10 days, then the order of protection must be vacated. Keep in mind that if you violate the terms of an order of protection you may face criminal charges.Family Court Act Article 10, Child Protective Services, Part 2, § 1029: Temporary order of protection
- The family court, upon the application of any person who may originate a proceeding under this article, for good cause shown, may issue a temporary order of protection, before or after the filing of such petition, which may contain any of the provisions authorized on the making of an order of protection under § ten hundred fifty-six. If such order is granted before the filing of a petition and a petition is not filed under this article within ten days from the granting of such order, the order shall be vacated. In any case where a petition has been filed and a law guardian appointed, such law guardian may make application for a temporary order of protection pursuant to the provisions of this §.
- A temporary order of protection is not a finding of wrongdoing.
- 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 § ten hundred thirty seven of this article.
- Nothing in this § shall: (i) limit the power of the court to order removal of a child pursuant to this article where the court finds that there is imminent danger to a child's life or health; or (ii) limit the authority of authorized persons to remove a child without a court order pursuant to § one thousand twenty-four of this article; or (iii) be construed to authorize the court to award permanent custody of a child to a parent or relative pursuant to a temporary order of protection.
If a temporary order of protection is issued against you that restricts the contact that you may lawfully have with your child, it is important that you immediately contact someone who has experience. If you violate such an order you may face criminal charges. However, there are ways to lawfully challenge an order of protection. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York Family Court who are involved in disputes related to child custody. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those involved in Family Court matters in the following locations: