senate Bill S5605

Provides that communications or contact between protected parties with a party against whom an order of protection is issued shall not affect the validity of such order

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / May / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 03 / Jun / 2013
    • 1ST REPORT CAL.957
  • 04 / Jun / 2013
    • 2ND REPORT CAL.
  • 05 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • SUBSTITUTED BY A6547B

Summary

Provides that communications or contact between protected parties with a party against whom an order of protection or temporary order of protection is issued shall not affect the validity of such order; requires notice thereof to be included in such orders; prohibits protected parties from being held to have violated an order of protection or a temporary order of protection.

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Bill Details

See Assembly Version of this Bill:
A6547B
Versions:
S5605
Legislative Cycle:
2013-2014
Law Section:
Domestic Relations Law
Laws Affected:
Amd §§240 & 252, Dom Rel L; amd §§155, 168, 446, 551, 656, 759, 842, 846 & 1056, Fam Ct Act; amd §§140.10 & 530.12, CP L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Children and Families committee vote details

Sponsor Memo

BILL NUMBER:S5605

TITLE OF BILL:
An act
to amend the domestic relations law, the family court act and the
criminal procedure law, in relation to the scope of orders of protection
and temporary orders of protection

PURPOSE OF BILL: This legislation will protect
victims of domestic
violence from being charged with and prosecuted for violating their
own order of protection. It makes it clear that victims cannot be
prosecuted for violating orders of protection issued in their favor.

SUMMARY OF PROVISIONS: The bill amends sections of
the Domestic
Relations Law, Family Court Act. and the Criminal Procedure Law to
clarify that the protected party in whose favor the order of
protection or temporary order of protection is issued may not be held
to violate an order issued in his or her favor and that such
protected party may not. be arrested for violating such an order.
The bill also amends sections of the Domestic Relations Law, Family
Court Act and the Criminal Procedure Law to include a notice in
orders of protection that makes it clear that. the order of
protection will remain in effect even if the protected party has, or
consents to have, contact or communication with the restrained party
and that the protected party cannot be held to violate an order
issued in his/her favor nor can such party be arrested for violating
such an order.

JUSTIFICATION: Presently in New York State, an Order
of Protection
issued in response to domestic violence may require an abuser to
abide by various conditions aimed to protect the safety of the victim
of abuse. These conditions may include directing the abusive
(restrained) party to vacate the victim's (protected party's) home,
stay away from the victim and/or refrain from contacting the victim
in any way subject to the terms of court orders of visitation and
custody. If abusers violate this order, they are on notice that. they
will be arrested and will face criminal penalties.
Victims of family offenses granted orders of protection in their favor
are being charged criminally For violating their own orders of
protection. If victims have or consent to have contact with their
abusers in any way, or if the abusers are back in the home despite
the direction to stay away from their victim, under this practice of
prosecuting the victim, victims are being arrested and prosecuted for
violating the terms of their own order of protection, contacting
their abuser or aiding and abetting the abuser to violate their own
protective order. In addition, some family court judges and referees
are discouraging victims from obtaining protections that they are
entitled to under the
law by warning victims that they can be prosecuted for violating
orders of protection issued in their favor.

Aside from the due process concerns that such a practice of
prosecuting the victim raises, charging victims of domestic abuse
with violating their own protective orders is contrary to the intent


and purpose of orders of protection and domestic violence
legislation. Orders of protection in domestic abuse cases are
intended to protect. victims from their abusers, not to prosecute the
victim.

Orders of protection are critical to enhancing safety for victims of
domestic abuse. A practice of prosecuting or otherwise penalizing the
victim decreases victim safety by shilling responsibility for
violence away from abusers, emboldening abusers, deterring victims
from calling the police when abusers violate an order of protection
and discouraging victims from seeking legal protection from the
courts.

This measure will protect victims of domestic abuse my making it clear
that the protected party cannot be held to violate orders of
protection issued in their favor.

LEGISLATIVE HISTORY: New bill, 2013.
None.

EFFECTIVE DATE: Immediately and shall apply to all
orders of
protection regardless of when such orders are issued, except for
sections of the bill that require addition of a notice on the order
of protection, which sections shall be effective on the sixtieth day
after the act becomes law and shall apply to orders issued on or
after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5605

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 24, 2013
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law, the family court act and the
  criminal procedure  law,  in  relation  to  the  scope  of  orders  of
  protection and temporary orders of protection

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph b of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
and a new paragraph i is added to read as follows:
  b. An order of protection entered pursuant to this  subdivision  shall
bear  in  a  conspicuous  manner,  on  the front page of said order, the
language "Order of protection issued pursuant  to  section  two  hundred
forty  of  the  domestic relations law".   THE ORDER OF PROTECTION SHALL
ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE,  CONTACT
OR  COMMUNICATION  WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS
ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING THIS ORDER.". The absence of such language  shall  not  affect
the validity of such order.  The presentation of a copy of such an order
to  any  peace  officer acting pursuant to his or her special duties, or
police officer, shall constitute authority, for that officer to arrest a
person when that person has violated the terms of  such  an  order,  and
bring such person before the court and, otherwise, so far as lies within
the  officer's  power,  to aid in securing the protection such order was
intended to afford.
  I. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE SUCH
AN ORDER NOR MAY SUCH PROTECTED PARTY BE  ARRESTED  FOR  VIOLATING  SUCH
ORDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10169-07-3

S. 5605                             2

  S  2.  Subdivision  2 of section 252 of the domestic relations law, as
added by chapter 349 of the laws of 1995, is amended and a new  subdivi-
sion 9-a is added to read as follows:
  2.  An  order of protection entered pursuant to this subdivision shall
bear in a conspicuous manner, on the  front  page  of  said  order,  the
language  "Order  of  protection  issued pursuant to section two hundred
fifty-two of the domestic relations law".  THE ORDER OF PROTECTION SHALL
ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE,  CONTACT
OR  COMMUNICATION  WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS
ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING THIS ORDER.". The absence of such language  shall  not  affect
the validity of such order.  The presentation of a copy of such an order
to  any  peace  officer acting pursuant to his or her special duties, or
police officer, shall constitute authority, for that officer to arrest a
person when that person has violated the terms of  such  an  order,  and
bring such person before the court and, otherwise, so far as lies within
the  officer's  power,  to aid in securing the protection such order was
intended to afford.
  9-A.  THE PROTECTED PARTY IN WHOSE FAVOR THE ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S  3.  Section  155 of the family court act is amended by adding a new
subdivision 3 to read as follows:
  3. THE PROTECTED PARTY IN WHOSE  FAVOR  THE  ORDER  OF  PROTECTION  OR
TEMPORARY  ORDER  OF  PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE AN
ORDER ISSUED IN HIS OR  HER  FAVOR  NOR  MAY  SUCH  PROTECTED  PARTY  BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 4. Subdivision 3 of section 168 of the family court act, as added by
chapter 164 of the laws of 1989, is amended to read as follows:
  3.  Any order of protection or temporary order of protection issued by
the family court shall bear, in a conspicuous manner, the  language,  as
the  case  may  be,  "this  order constitutes an order of protection" or
"this order constitutes a temporary order of protection", on  the  front
page  of  said  order.    THE  ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION SHALL ALSO CONTAIN  THE  FOLLOWING  NOTICE:  "THIS  ORDER  OF
PROTECTION  WILL  REMAIN  IN  EFFECT EVEN IF THE PROTECTED PARTY HAS, OR
CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY  AGAINST  WHOM
THE  ORDER  IS  ISSUED. THIS ORDER OF PROTECTION CAN ONLY BE MODIFIED OR
TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD  TO  VIOLATE
THIS  ORDER  NOR  BE ARRESTED FOR VIOLATING THIS ORDER.". The absence of
such language shall not affect the validity of such order.
  S 5. Section 446 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 6. Section 551 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.

S. 5605                             3

  S 7. Section 656 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 8. Section 759 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 9. Section 842 of the family court act is amended by  adding  a  new
closing paragraph to read as follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 10. Section 846 of the family court act is amended by adding  a  new
subdivision (a-1) to read as follows:
  (A-1)  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 11. Section 1056 of the family court act is amended by adding a  new
subdivision 7 to read as follows:
  7.  THE  PROTECTED  PARTY  IN  WHOSE  FAVOR THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD  TO  VIOLATE  AN
ORDER  ISSUED  IN  HIS  OR  HER  FAVOR  NOR  MAY SUCH PROTECTED PARTY BE
ARRESTED FOR VIOLATING SUCH ORDER.
  S 12. Subdivision 4 of section 140.10 of the criminal procedure law is
amended by adding  a  new  second  undesignated  paragraph  to  read  as
follows:
  THE  PROTECTED  PARTY IN WHOSE FAVOR THE ORDER OF PROTECTION OR TEMPO-
RARY ORDER OF PROTECTION IS ISSUED MAY NOT BE HELD TO VIOLATE  AN  ORDER
ISSUED  IN HIS OR HER FAVOR NOR MAY SUCH PROTECTED PARTY BE ARRESTED FOR
VIOLATING SUCH ORDER.
  S 13. Subdivisions 6 and 8 of section 530.12 of the criminal procedure
law, subdivision 6 as amended by chapter 164 of the laws  of  1989,  the
closing  paragraph  of subdivision 6 as added by chapter 222 of the laws
of 1994 and subdivision 8 as amended by section 81 of subpart B of  part
C of chapter 62 of the laws of 2011, are amended to read as follows:
  6.  An  order  of protection or a temporary order of protection issued
pursuant to subdivision one, two, three, four or five  of  this  section
shall  bear  in  a  conspicuous manner the term "order of protection" or
"temporary order of protection" as the case may be and a copy  shall  be
filed  by the clerk of the court with the sheriff's office in the county
in which the complainant resides, or, if the complainant resides  within
a  city,  with  the  police  department  of  such  city.    THE ORDER OF
PROTECTION OR TEMPORARY ORDER  OF  PROTECTION  SHALL  ALSO  CONTAIN  THE
FOLLOWING  NOTICE:  "THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN
IF THE PROTECTED PARTY HAS, OR CONSENTS TO  HAVE,  CONTACT  OR  COMMUNI-
CATION  WITH  THE  PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS ORDER OF
PROTECTION CAN  ONLY  BE  MODIFIED  OR  TERMINATED  BY  THE  COURT.  THE
PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR
VIOLATING  THIS  ORDER.".  The absence of such language shall not affect

S. 5605                             4

the validity of such order.   A copy of  such  order  of  protection  or
temporary  order  of  protection  may  from time to time be filed by the
clerk of the court with any other police department or sheriff's  office
having  jurisdiction  of the residence, work place, and school of anyone
intended to be protected by such order. A copy of the order may also  be
filed  by  the complainant at the appropriate police department or sher-
iff's office having jurisdiction. Any subsequent amendment or revocation
of such order shall be filed in the same manner as herein provided.
  Such order of protection shall plainly state the date that such  order
expires.
  8.  In  any  proceeding  in  which an order of protection or temporary
order of protection or a warrant has been issued under this section, the
clerk of the court shall issue to  the  complainant  and  defendant  and
defense  counsel and to any other person affected by the order a copy of
the order of protection or temporary order of protection and ensure that
a copy of the order of protection or temporary order  of  protection  be
transmitted  to  the local correctional facility where the individual is
or will be detained, the state or local correctional facility where  the
individual  is  or  will  be  imprisoned,  and the supervising probation
department or department of corrections and community supervision  where
the  individual  is under probation or parole supervision. The presenta-
tion of a copy of such order or a warrant to any  peace  officer  acting
pursuant to his or her special duties or police officer shall constitute
authority  for  him or her to arrest a person who has violated the terms
of such order and bring such person before the court and, otherwise,  so
far  as  lies within his or her power, to aid in securing the protection
such order was intended to afford.  THE PROTECTED PARTY IN  WHOSE  FAVOR
THE  ORDER  OF PROTECTION OR TEMPORARY ORDER OF PROTECTION IS ISSUED MAY
NOT BE HELD TO VIOLATE AN ORDER ISSUED IN HIS OR HER FAVOR NOR MAY  SUCH
PROTECTED PARTY BE ARRESTED FOR VIOLATING SUCH ORDER.
  S  14.  This  act shall take effect immediately and shall apply to all
orders of protection regardless of when such orders were issued,  except
that:
  (a)  the  amendments to paragraph b of subdivision 3 of section 240 of
the domestic relations law made by section one of this act,  the  amend-
ments to subdivision 2 of section 252 of the domestic relations law made
by  section  two of this act, the amendments to subdivision 3 of section
168 of the family court act made by section four of this  act,  and  the
amendments  to subdivision 6 of section 530.12 of the criminal procedure
law made by section thirteen of this act shall take effect on the sixti-
eth day after this act shall have become  a  law,  and  shall  apply  to
orders of protection issued on or after such effective date; and
  (b)  the amendments to subdivision 4 of section 140.10 of the criminal
procedure law, made by section twelve of this act, shall not affect  the
repeal of such subdivision, and shall be deemed repealed therewith.

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