Lawyers Manual - Unified Court System

98 Jill M. Zuccardy
32. Pursuant to Family Court Act § 1056, the Family Court may issue an order
of protection against a person who is not the father of subject child, until
the child’s eighteenth birthday. Some courts also have permitted or upheld
orders of that duration even if the respondent is the biological father. See
Matter of A.G., 253 AD2d 318 (1st Dept 1999); Matter of Victoria H.,
255 AD2d 442 (2d Dept 1998); Matter of CSS o/b/o Kanisha W., 233 AD2d
325 (2d Dept 1996).
33. Nicholson v Scoppetta, 3 NY3d 357 (2004).
34. Family Court Act § 1046(b)(i).
35. Family Court Act § 1012(f)(i)(B).
36. Family Court Act § 1012(h).
37. Nicholson v Scoppetta, 3 NY3d 357 (2004).
38. Family Court Act § 1012(h).
39. Nicholson v Scoppetta, 3 NY3d 357 (2004).
40. See In re H/R Children, 302 AD2d 288 (1st Dept 2003); Nicholson v
Williams, 203 F Supp 2d 153 (EDNY 2003).
41. Family Court Act § 1051(c).
42. Family Court Act § 1011.
43. County Law § 722-c.
44. Family Court Act § 1051(c).
45. Family Court Act § 1051(a).
46. Family Court Act § 1046.
47. The Greenbook, http://www.thegreenbook.info/documents/greenbook.pdf,
and the Minnesota Center Against Violence and Abuse,
http://www.mincava.umn.edu/, are excellent starting points.