Facsimile and Electronic Transmission of Orders of Protection
LAWS OF NEW YORK, 2010
CHAPTER 261

AN ACT to amend the family court act and the domestic relations law, in
relation to the facsimile and electronic transmission of orders of
protection

Became a law July 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 is amended by adding
a new subdivision (e) to read as follows:

(e) Notwithstanding any other provision of law, all orders of
protection and temporary orders of protection issued pursuant to this
act along with any associated papers that may be served simultaneously
may, for the purposes of section one hundred sixty-eight of this arti-
cle, be transmitted by facsimile transmission or electronic means and
may be transmitted by facsimile transmission or electronic means for
expedited service in accordance with the provisions of this section. For
purposes of this section, "facsimile transmission" and "electronic
means" shall be as defined in subdivision (f) of rule twenty-one hundred
three of the civil practice law and rules.

§ 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 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, 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 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. A
statement subscribed by the officer or designated person, and affirmed

CHAP. 261 2

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.

b. Notwithstanding any other provision of law, all orders of
protection and temporary orders of protection filed and entered along
with any associated papers that may be served simultaneously may be
transmitted by facsimile transmission or electronic means for expedited
service in accordance with the provisions of this subdivision. For
purposes of this subdivision, "facsimile transmission" and "electronic
means" shall be as defined in subdivision (f) of rule twenty-one hundred
three of the civil practice law and rules.

§ 3. Section 252 of the domestic relations law is amended by adding a
new subdivision 10 to read as follows:

10. All orders of protection and temporary orders of protection issued
pursuant to this section along with any associated papers that may be
served simultaneously shall be served in accordance with subdivision
three-a of section two hundred forty of this article.

§ 4. The office of court administration is authorized to promulgate
any rules and regulations necessary to implement the provisions of this
act.

§ 5. 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.