For over 40 years, it has been commonplace for a court to issue a temporary order of protection (TOP) at an arraignment to protect a family offense complainant from abuse by persons closely associated as members of the same family or household. CPL 530.12. Such temporary orders of protection have been granted merely upon the request of the prosecutor and based upon the charges in the accusatory instrument. When a prosecutor requests a temporary order of protection that excludes a defendant from the home, the statute is silent on what, if any, procedure should be followed.

For the first time, an appellate court has held that, when a defendant presents a court with information showing that there may be an “immediate and significant deprivation of a substantial personal or property interest” from the issuance of a temporary order of protection, the court must conduct a prompt evidentiary hearing to ascertain the facts necessary before deciding whether to issue a temporary order of protection. Matter of Crawford v. Ally, 2021 N.Y. Slip Op 04082 (1st Dept., June 24, 2021).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]