senate Bill S4785

2013-2014 Legislative Session

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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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to children and families
Apr 24, 2013 referred to children and families

Co-Sponsors

S4785 - Details

Current Committee:
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

S4785 - 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.

S4785 - Sponsor Memo

S4785 - Bill Text download pdf

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

                                  4785

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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 absence of such language shall
not  affect  the  validity  of such order. THE ORDER OF PROTECTION SHALL
ALSO CONTAIN THE FOLLOWING NOTICE: "THIS ORDER OF PROTECTION WILL REMAIN
IN EFFECT EVEN IF THE PROTECTED  PARTY  IN  WHOSE  FAVOR  THE  ORDER  OF
PROTECTION  OR  TEMPORARY ORDER OF PROTECTION IS ISSUED HAS, OR CONSENTS
TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE  ORDER
IS  ISSUED. AN ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY
THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER  NOR
SHALL  SUCH  PARTY BE ARRESTED FOR VIOLATING THIS ORDER.". The presenta-
tion of a copy of such an order to any peace officer acting pursuant  to
his  or her special duties, or police officer, shall constitute authori-
ty, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10169-04-3

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