|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to children and families|
|Apr 24, 2013||referred to children and families|
senate Bill S4785
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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
BILL NUMBER:S4785 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: 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 Domes- tic 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.
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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