Senate Bill S2972

                                 BILL NUMBER:  S2972A

 TITLE OF BILL :

An act to amend the family court act, in relation to the extension of
orders of protection in family offense proceedings


 PURPOSE OF BILL :

This bill seeks to strengthen current provisions of the law to protect
victims of domestic violence. It permits victims with existing orders
of protection who are seeking to prevent a recurrence of domestic
abuse to extend their order upon a showing of good cause.

 SUMMARY OF PROVISIONS OF BILL :

Section 1 amends section 842 of the Family Court Act to authorize a
court to extend an order of protection for a reasonable period of time
upon a showing of good cause or consent of the parties and requires
the court to articulate the basis for its decision on the record. It
further provides that the fact that abuse has not occurred during the
pendency of an order shall not, in itself, constitute sufficient
ground for denying or failing to extend the order.  This section
replaces the existing language for extension of orders of protection
in section 842 of the Family Court Act.
              

Section 2 deletes the current language for extension of orders of
protection.

Section 3 provides that this act shall take effect immediately and
shall apply to all orders entered prior to such *effective date, and
to all actions and proceedings pending on or commenced on or after
such effective date.

 EXISTING LAW :
The existing law grants the court the authority to extend an order of
protection for a reasonable period of Hume upon a showing of "special
circumstances".

 JUSTIFICATION :
Our legislature has recognized that domestic violence is a crime of
enormous magnitude with effects on all New Yorkers, regardless of age,
race, or economic status and with long term and pervasive consequences
for victims, families, communities and society.  Each year an
estimated 400,000 domestic violence incidents are reported to law
enforcement in New York, approximately 300,000 calls are received by
hotlines throughout the State, and in 2008 alone, over 220,000 orders
of protection were issued in domestic violence cases. According to the
Office of Prevention Of Domestic Violence, New York has shown an
increase in indicators of domestic violence.  Between 2007 and 2008
there was an increase in the number of intimate partner homicides and
calls to domestic violence hotlines. The circumstances for victims
seem to be getting more severe. In addition, according to the Domestic
Homicide Report for 2008, published by the New York State Division of
Criminal Justice Services, intimate partner homicides increased by 25%
in 2008 and arguments accounted for the majority (82.4%) of these
homicides in New York State. Counties outside New York City reported a
45% increase in intimate partner homicides in 2008. While the
legislature has enacted various measures to advance protections for
victims of domestic abuse, it is critical to ensure that these
measures are not eroded and that victims have access to meaningful
protections from their abusers.

When the family offense statute was passed to enable people to apply
for civil orders of protection, the Legislature recognized that
preventing abuse is an essential goal of the law. The Legislature
recognized that victims should not have to wait for another family
offense before an order is extended and that protection from further
abuse and prevention of additional violence is a primary goal of the
family offense statute.

This bill seeks to strengthen current provisions of the law to protect
victims of domestic violence. Current law permits extension of orders
of protection for a reasonable period of time upon a showing of
special circumstances. This bill permits victims with existing orders
of protection who are seeking to prevent a recurrence of domestic
abuse to extend their order for a reasonable period of time upon a
showing of good cause or consent of the parties. The bill further
requires the court to articulate the basis for its decision on the
record.

Applicants may apply for extensions for various reasons to ensure
their safety. For example, the existing court order may have worked in
preventing domestic abuse, and/or there are circumstances that may
cause the parties to interact. Such interaction may be as a result of
pending litigation, the initiation of litigation, compliance with the
terms of divorce or family court agreements or judgments, meeting the
needs of children in common including following visitation orders, or
the resurfacing of the respondent for one reason or another, including
release from prison to name a few. An applicant's request for an
extension should be viewed in the context of the facts of the case,
including-present circumstances, past abuse by the respondent, threats
of abuse by the respondent and relevant information concerning the
safety and protection of the protected persons with the primary goal
to prevent a recurrence of abuse. It is not necessary for the court to
find that abuse has occurred during the pendency of the order to
justify extending the order. In addition, the fact that abuse has not
occurred during the pendency of an order shall not, in itself,
constitute sufficient ground for denying or failing to extend the
order, The purpose of these civil proceedings - as distinguished from
criminal proceedings - is primarily to protect the physical and
emotional safety of the victim, as well as to end the family
disruption (Section 812 (2)(b)).

 LEGISLATIVE HISTORY :
03/09/09 REFERRED TO CHILDREN AND FAMILIES
05/12/09 REPORTED AND COMMITTED TO CODES

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
Immediately. Shall also apply to all orders entered prior to such
effective date, and to all actions and proceedings pending on or
commenced on or after such effective date.