N.Y. Fam. Ct. Act § 828

§ 828. Temporary order of protection; temporary order for child\nsupport. 1. (a) Upon the filing of a petition or counter-claim under\nthis article, the court for good cause shown may issue a temporary order\nof protection, which may contain any of the provisions authorized on the\nmaking of an order of protection under section eight hundred forty-two,\nprovided that the court shall make a determination, and the court shall\nstate such determination in a written decision or on the record, whether\nto impose a condition pursuant to this subdivision, provided further,\nhowever, that failure to make such a determination shall not affect the\nvalidity of such order of protection. In making such determination, the\ncourt shall consider, but shall not be limited to consideration of,\nwhether the temporary order of protection is likely to achieve its\npurpose in the absence of such a condition, conduct subject to prior\norders of protection, prior incidents of abuse, extent of past or\npresent injury, threats, drug or alcohol abuse, and access to weapons.\n (b) Upon the filing of a petition under this article, or as soon\nthereafter as the petitioner appears before the court, the court shall\nadvise the petitioner of the right to proceed in both the family and\ncriminal courts, pursuant to the provisions of section one hundred\nfifteen of this act.\n 2. A temporary order of protection is not a finding of wrongdoing.\n 3. The court may issue or extend a temporary order of protection ex\nparte or on notice simultaneously with the issuance of a warrant,\ndirecting that the respondent be arrested and brought before the court,\npursuant to section eight hundred twenty-seven of this article.\n 4. Notwithstanding the provisions of section eight hundred seventeen\nof this article the court may, together with a temporary order of\nprotection issued pursuant to this section, issue an order for temporary\nchild support, in an amount sufficient to meet the needs of the child,\nwithout a showing of immediate or emergency need. The court shall make\nan order for temporary child support notwithstanding that information\nwith respect to income and assets of the respondent may be unavailable.\nWhere such information is available, the court may make an award for\ntemporary child support pursuant to the formula set forth in subdivision\none of section four hundred thirteen of this act. An order making such\naward shall be deemed to have been issued pursuant to article four of\nthis act. Upon making an order for temporary child support pursuant to\nthis subdivision, the court shall advise the petitioner of the\navailability of child support enforcement services by the support\ncollection unit of the local department of social services, to enforce\nthe temporary order and to assist in securing continued child support,\nand shall set the support matter down for further proceedings in\naccordance with article four of this act.\n Where the court determines that the respondent has employer-provided\nmedical insurance, the court may further direct, as part of an order of\ntemporary support under this subdivision, that a medical support\nexecution be issued and served upon the respondent's employer as\nprovided for in section fifty-two hundred forty-one of the civil\npractice law and rules.\n