Fill and Sign the New York Supreme Court Form

D.R.L. §§ 240, 252 Form SC -2 12/2013 ORI No: Order No: NYSID No: __________________ At a _______ Term (IAS Part) ______________ of the Supreme Court, State of New York, County of , at the Courthouse at PRESENT: Hon. In the Matter of a Proceeding under ORDER OF PROTECTION Section (240) (252) of the Domestic Relations Law D.R.L. §§ 240, 252 Index No. Plaintiff/Petitioner (Check one) Date of Birth: Upon Default ❑ v. Both Parties Present In Court ❑ Defendant/Respondent Date of Birth: NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST, AND CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARS FOR CRIMINAL CONTEMPT, AND/OR MAY SUBJECT YOU TO SUPREME COURT PROSECUTION AND PENALTIES FOR CONTEMPT OF COURT. THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR VIOLATING THIS ORDER . Whereas a determination has been made in accordance with section 240 252 of the Domestic Relations Law, ❑ ❑ and the Respondent having been [check applicable box]: present in Court and advised of the issuance and contents of ❑ this Order not present in Court, and good cause having been shown, ❑ Now, therefore, it is hereby ordered that [specify first name, middle initial and last name]: observe the following conditions of behavior: ( Check Applicable Paragraphs and Subparagraphs) [01] ❏ Stay away from [A] [name(s) of protected persons] ❑ , and/or from the [B] home of ❑ , [C] school of ❑ , [D] business of ❑ , [E] place of employment of ❑ , [F] other [specify location] ❑ ; [14] Refrain from communication or any other contact by mail, telephone, e-mail, voice-mail or other electronic or ❑ any other means with [specify protected person(s)]: ; [02] ❑ Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larceny, coercion or any criminal offense against [specify protected person(s) and/or members of protected person’s family or household and/or person(s) with custody of child(ren)]: ; [15] Refrain from intentionally injuring or killing without justification the following companion animal(s) (pet(s)) ❑ [specify type(s) and, if available, name(s)]: _____________________________ _____ ; [11] ❏ Permit [specify individual]: __________________________________to enter the residence during [specify date/time]: __________________ with [specify law enforcement agency, if any]: ___________________ in order to remove personal belongings not in issue in litigation [specify items]: ; [04] ❏ Refrain from [indicate acts]: that create an unreasonable risk to the health, safety, or welfare of [specify child(ren), family or household members]: ; [05] ❏ Permit [specify individual]: , entitled by a court order, separation or other written agreement, to visit with [specify child(ren]: during the following periods of time [specify]: under the following terms and conditions [specify]: ; [07] ❏ Custody of [specify child(ren)]: shall be awarded to [specify individual]: under the following terms and conditions [specify]: ; [12] Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, ❏ including, but not limited to, the following [specify]: and do not obtain any further guns or other firearms. Such surrender shall take place immediately, but no later than [specify date/time]: at [specify]: ; [ ] Promptly return or transfer the following identification documents specify]: ❏ ____________________________________________________________________________________to the party protected by this Order NOT LATER THAN [specify date]: in the following manner [specify manner or mode of return or transfer]: ____________________________________________ [Check box(es) if applicable]: Such documents shall be made available for use as evidence in this judicial ❏ proceeding. [Jointly owned documents or documents in both parties’ names only]: The ❏ following document(s) may be used as necessary for legitimate use by the Respondent [specify]: . ❏ Pay or provide access to health or medical insurance for necessary medical care and treatment arising from the incident or incidents forming the basis of the order [specify beneficiary of treatment and coverage]: ; Pay counsel fees and/or any costs associated with the order to [specify person and terms] ❏ ; Participate in an educational program, (and pay the costs thereof)[(specify program] ❏ ; Participate in a batterer's education program designed to help end violent behavior (and pay the costs thereof) ❏ [specify program]: ; Pay to the petitioner/victim(s) restitution, as follows [specify terms and amount up to $10,000]: ❏ ; It is further ordered that the license of the person against whom this order is issued to carry, possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Penal Law §400.00, is hereby (Check all applicable boxes): [13A] suspended or [13B] revoked, (note: final order only) and/or [13C] the person ❑ ❑ ❑ against whom this order is issued shall remain ineligible to receive a firearm license during the period of this order; and [99] ❏ Observe such other conditions as are necessary to further the purposes of protection [specify conditions]: It is further ordered that this order of protection shall remain in force until and including [specify date]: The Domestic Relations Law provides that the presentation of a copy of this Order of Protection to a police officer or peace officer acting pursuant to his or her special duties shall authorize, and sometimes requires, such officer to arrest a person who is alleged to have violated the terms of the order and to bring him or her before the Court to face penalties authorized by law. Federal law requires that this order must be honored and enforced by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, territory or possession of the United States, if the person against whom the order is sought is an intimate partner of the protected party and has or will be afforded reasonable notice and opportunity to be heard in accordance with state law sufficient to protect that person's rights (18 U.S.C. §§ 2265, 2266). It is a federal crime to : • cross state lines to violate this order or to stalk, harass or commit domestic violence against an intimate partner or family member; • buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they are on duty) ; and • buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition after a conviction of a domestic violence-related crime involving the use or attempted use of physical force or a deadly weapon against an intimate partner or family member, even after this Order has expired.. (18 U.S.C. '' 922(g)(8), 922(g)(9), 2261, 2261A, 2262). Dated: JUSTICE COURT (COURT SEAL) Check Applicable Box(es): Party against whom order was issued was advised in Court of issuance and contents of Order ❏ Order personally served in Court upon party against whom order was issued ❏ Service directed by other means [specify]: ❏ [Modifications or extensions only]: Order mailed on [specify date and to whom mailed]: ❏ Warrant issued for party against whom order was issued [specify date]: ❏ Additional service information [specify]: __________________________________________________________ ❏