senate Bill S4393

2013-2014 Legislative Session

Relates to duration of orders of protection in cases involving domestic violence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Mar 26, 2013 referred to children and families

S4393 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §§842 & 1056, Fam Ct Act; amd §240, Dom Rel L; amd §530.12, CP L
Versions Introduced in 2011-2012 Legislative Session:

S4393 - Summary

Relates to duration of orders of protection in cases involving domestic violence.

S4393 - Sponsor Memo

S4393 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013

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

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


  Section 1. The opening paragraph of section 842 of  the  family  court
act,  as separately amended by chapters 325 and 341 of the laws of 2010,
is amended to read as follows:
  An order of protection under section eight hundred forty-one  of  this
part  shall  set  forth reasonable conditions of behavior to be observed
for a period not in excess of two years by the petitioner or  respondent
or  for  a  period not in excess of five years upon (i) a finding by the
court on the record of the existence  of  aggravating  circumstances  as
defined  in  paragraph (vii) of subdivision (a) of section eight hundred
twenty-seven of this article; or (ii) a finding  by  the  court  on  the
record  that  the  conduct  alleged in the petition is in violation of a
valid order of protection.   IN CASES INVOLVING  DOMESTIC  VIOLENCE,  AN
FOR A PERIOD OF NO LESS THAN FIVE  YEARS.  Any  finding  of  aggravating
circumstances pursuant to this section shall be stated on the record and
upon  the  order  of protection. The court may also, upon motion, extend
the order of protection for a reasonable period of time upon  a  showing
of  good  cause  or  consent of the parties. The fact that abuse has not
occurred during the pendency of an order shall not, in  itself,  consti-
tute  sufficient  ground for denying or failing to extend the order. The
court must articulate a basis for its decision on the record. The  dura-
tion of any temporary order shall not by itself be a factor in determin-
ing  the length or issuance of any final order.  Any order of protection
issued pursuant to this section shall specify if an order  of  probation

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


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