An Amendment Concerning Orders of Protection
LAWS OF NEW YORK, 2010
CHAPTER 446

AN ACT to amend the family court act and the domestic relations law, in
relation to service of orders of protection including applications to
extend and petitions for violations of orders of protection and tempo-
rary orders of protection in family court

Became a law August 30, 2010, with the approval of the Governor.
Passed by a two-thirds vote.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 153-b of the family court act, as amended by chap-
ter 46 of the laws of 1994, subdivisions (c) and (d) as amended by chap-
ter 429 of the laws of 1995, is amended to read as follows:

§ 153-b. Service of process request for order of protection. Whenever
a petitioner requests an order of protection or temporary order of
protection or files for an extension of such order or a petition or
motion for modification or a violation of such an order
under any arti-
cle of this act:

(a) the  summons and the petition and, if one has been issued, the
temporary order of protection, order of protection issued upon a
default,
or a copy or copies thereof, may be served on any day of the
week, and at any hour of the day or night;

(b) a peace officer, acting pursuant to his or her special duties, or
a police officer [may] shall, upon receipt, serve or provide for the
service of
the summons and the petition together with any associated
papers
and, if one has been issued, the temporary order of protection,
or order of protection issued upon a default and shall not charge a fee
for such service, including, but not limited to, fees as provided under
section eight thousand eleven of the civil practice law and rules
;

(c) if a temporary order of protection has been issued, or an order of
protection has been issued upon a default, unless the party requesting
the order states on the record that she or he will arrange for other
means for service or deliver the order to a peace or police officer
directly for service, the court shall immediately deliver a copy of the
temporary order of protection or order of protection together with any
associated papers that may be served simultaneously including the
summons and petition,
to a peace officer, acting pursuant to his or her
special duties and designated by the court, or to a police officer as
defined in paragraph (b) or (d) of subdivision thirty-four of section
1.20 of the criminal procedure law, or to any other county or municipal
officer who may be directed to effect service under section two hundred
fifty-five of [the family court] this act, or, in the city of New York,
to a designated representative of the police department of the city of
New York. Any peace or police officer or designated person receiving a
temporary order of protection or an order of protection as provided
[hereunder] in this section shall serve or provide for the service ther-
eof together with any associated papers that may be served simultaneous-
ly, at any address designated therewith, including the summons and peti-

CHAP. 446 2

tion if not previously served. Service of such temporary order of
protection, or order of protection, and associated papers, shall insofar
as practicable, be achieved promptly. An officer or designated person
obliged to perform service pursuant to this [subdivision] section, and
his or her employer, shall not be liable for damages resulting from the
failure to achieve service where, having made a reasonable effort, such
officer is unable to locate and serve the temporary order of protection
or order of protection at any address provided by the party requesting
the order[.];

(d) [a] where the temporary order of protection or order of protection
and papers, if any, have been served, such officer or designated person
shall provide the court with an affirmation, certificate or affidavit of
service when the temporary order of protection or order of protection
has been served, and shall provide notification of the date and time of
such service to the statewide computer registry established pursuant to
section two hundred twenty-one-a of the executive law. A
statement
subscribed by the officer or designated person, and affirmed by him or
her to be true under the penalties of perjury, stating the papers
served, the date, time, address or in the event there is no address,
place, and manner of service, the name and a brief physical description
of the party served, shall be proof of the service of the summons, peti-
tion and temporary order of protection or order of protection[. When the
temporary order of protection or order of protection and other papers,
if any, have been served, such officer or designated person shall
provide the court with an affirmation, certificate or affidavit of
service when the temporary order of protection has been served and shall
provide notification of the date and time of such service to the state-
wide computer registry established pursuant to section two hundred twen-
ty-one-a of the executive law.
];

(e) where an officer or designated person obliged to perform service
pursuant to this section is unable to complete service of the temporary
order of protection or order of protection such officer or designated
person shall provide the court with proof of attempted service of the
temporary order of protection or order of protection with information
regarding the dates, times, locations and manner of attempted service.
An affirmation, certificate or affidavit of service with a statement
subscribed by the officer or designated person, and affirmed by him or
her to be true under the penalties of perjury, stating the name of the
party and the papers attempted to be served on said person, and for each
attempted service, the date, time, address or in the event there is no
address, place, and manner of attempted service, shall be proof of
attempted service.

§ 2. Subdivision 3-a of section 240 of the domestic relations law, as
added by chapter 429 of the laws of 1995, is amended to read as follows:

3-a. Service of order of protection. (a) If a temporary order of
protection has been issued or an order of protection has been issued
upon a default, unless the party requesting the order states on the
record that she or he will arrange for other means for service or deliv-
er the order to a peace or police officer directly for service, the
court shall immediately deliver a copy of the temporary order of
protection or order of protection together with any associated papers
that may be served simultaneously including the summons and petition,
to
a peace officer, acting pursuant to his or her special duties and desig-
nated by the court, or to a police officer as defined in paragraph (b)
or (d) of subdivision thirty-four of section 1.20 of the criminal proce-
dure law, or, in the city of New York, to a designated representative of

3   CHAP. 446

the police department of the city of New York. Any peace or police offi-
cer or designated person receiving a temporary order of protection or an
order of protection as provided [hereunder] in this section shall serve
or provide for the service thereof together with any associated papers
that may be served simultaneously, at any address designated therewith,
including the summons and petition or complaint if not previously
served. Service of such temporary order of protection or order of
protection and associated papers shall, insofar as practicable, be
achieved promptly. An officer or designated person obliged to perform
service pursuant to this subdivision, and his or her employer, shall not
be liable for damages resulting from failure to achieve service where,
having made a reasonable effort, such officer or designated person is
unable to locate and serve the temporary order of protection or order of
protection at any address provided by the party requesting the order.

(b) When the temporary order of protection or order of protection and
associated papers, if any, have been served, such officer or designated
person shall provide the court with an affirmation, certificate or affi-
davit of service when the temporary order of protection or order of
protection has been served, and shall provide notification of the date
and time of such service to the statewide computer registry established
pursuant to section two hundred twenty-one-a of the executive law.
A
statement subscribed by the officer or designated person, and affirmed
by him or her to be true under the penalties of perjury, stating the
papers served, the date, time, address or in the event there is no
address, place, and manner of service, the name and a brief physical
description of the party served, shall be proof of service of the
summons, petition and temporary order of protection or order of
protection. [When the temporary order of protection or order of
protection and other papers, if any, have been served, such officer or
designated person shall provide the court with an affirmation, certif-
icate or affidavit of service and shall provide notification of the date
and time of such service to the statewide computer registry established
pursuant to section two hundred twenty-one-a of the executive law.
]

(c) Where an officer or designated person obliged to perform service
pursuant to this section is unable to complete service of the temporary
order of protection or order of protection, such officer or designated
person shall provide the court with proof of attempted service of the
temporary order of protection or order of protection with information
regarding the dates, times, locations and manner of attempted service.
An affirmation, certificate or affidavit of service with a statement
subscribed by the officer or designated person, and affirmed by him or
her to be true under the penalties of perjury, stating the name of the
party and the papers attempted to be served on said person, and for each
attempted service, the date, time, address or in the event there is no
address, place, and manner of attempted service, shall be proof of
attempted service.

(d) Any peace or police officer or designated person performing
service under this subdivision shall not charge a fee for such service,
including, but not limited to, fees as provided under section eight
thousand eleven of the civil practice law and rules.

§ 3. This act shall take effect immediately.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.