senate Bill S5877

2013-2014 Legislative Session

relates to the scope of orders of protection and temporary orders of protection

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to rules
returned to senate
died in assembly
Jun 21, 2013 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1586
Jun 18, 2013 referred to rules

Co-Sponsors

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S5877 - Details

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

S5877 - Summary

Relates to the scope of orders of protection and temporary orders of protection.

S5877 - Sponsor Memo

S5877 - Bill Text download pdf

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

                                  5877

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by  Sens. YOUNG, SAVINO, LITTLE, RITCHIE, MARCHIONE, ROBACH,
  HANNON -- (at request of the  Governor)  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Rules

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12055-01-3

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