LBD01814-01-9
S. 2454 2
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
§ 3. Section 446 of the family court act, as amended by chapter 526 of
the laws of 2013, and the closing paragraph as added by chapter 480 of
the laws of 2013, is amended to read as follows:
§ 446. Order of protection. 1. The court may make an order of
protection in assistance or as a condition of any other order made under
this part. The order of protection may set forth reasonable conditions
of behavior to be observed for a specified time by the petitioner or
respondent or both. No order of protection may direct any party to
observe conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim in accord-
ance with section one hundred fifty-four-b of this act. Such an order
may require the petitioner or the respondent:
(a) to stay away from the home, school, business or place of employ-
ment of any other party, the other spouse, the other parent or the
child, and to stay away from any other specific location designated by
the court;
(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other parent or against any
person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this act
or the domestic relations law;
(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
(f) to participate in an educational program and to pay the costs
thereof if the person has the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
(g) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;
(h) [1.] (1) to refrain from intentionally injuring or killing, with-
out justification, any companion animal the respondent knows to be
owned, possessed, leased, kept or held by the person protected by the
order or a minor child residing in such person's household.
[2.] (2) "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three hundred fifty of
the agriculture and markets law;
S. 2454 3
(i) [1.] (1) to promptly return specified identification documents to
the protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
[2.] (2) For purposes of this subdivision, "identification document"
shall mean any of the following: (A) exclusively in the name of the
protected party: birth certificate, passport, social security card,
health insurance or other benefits card, a card or document used to
access bank, credit or other financial accounts or records, tax returns,
any driver's license, and immigration documents including but not limit-
ed to a United States permanent resident card and employment authori-
zation document; and (B) upon motion and after notice and an opportunity
to be heard, any of the following, including those that may reflect
joint use or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents; and
(j) to observe such other conditions as are necessary to further the
purposes of protection.
2. The court may also award custody of the child, during the term of
the order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to an institution
or agency. In making orders of protection, the court shall so act as to
insure that in the care, protection, discipline and guardianship of the
child his religious faith shall be preserved and protected.
3. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection where applicable, may be entered
against a former spouse and persons who have a child in common, regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
4. In addition to the foregoing provisions, the court may issue an
order, pursuant to section two hundred twenty-seven-c of the real prop-
erty law, authorizing the party for whose benefit any order of
protection has been issued to terminate a lease or rental agreement
pursuant to section two hundred twenty-seven-c of the real property law.
5. In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application for such an order,
solely on the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or the conclusion of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
6. 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 nor may such protected party be
arrested for violating such order.
7. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
S. 2454 4
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
§ 4. Section 551 of the family court act, as amended by chapter 526 of
the laws of 2013, and the closing paragraph as added by chapter 480 of
the laws of 2013, is amended to read as follows:
§ 551. Order of protection. 1. The court may make an order of
protection in assistance or as a condition of any other order made under
this article. The order of protection may set forth reasonable condi-
tions of behavior to be observed for a specified time by the petitioner
or respondent or both. No order of protection may direct any party to
observe conditions of behavior unless the party requesting the order of
protection has served and filed a petition or counter-claim in accord-
ance with section one hundred fifty-four-b of this act. Such an order
may require the petitioner or the respondent:
(a) to stay away from the home, school, business or place of employ-
ment of any other party, the other parent, or the child, and to stay
away from any other specific location designated by the court;
(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other parent or against any
person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this act
or the domestic relations law;
(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
(f) to participate in an educational program and to pay the costs
thereof if the person has the means to do so, provided, however, that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
(g) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;
(h) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced, whether or not an order of
filiation is made;
(i) [1.] (1) to refrain from intentionally injuring or killing, with-
out justification, any companion animal the respondent knows to be
owned, possessed, leased, kept or held by the person protected by the
order or a minor child residing in such person's household.
S. 2454 5
[2.] (2) "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three hundred fifty of
the agriculture and markets law;
(j) [1.] (1) to promptly return specified identification documents to
the protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
[2.] (2) For purposes of this subdivision, "identification document"
shall mean any of the following: (A) exclusively in the name of the
protected party: birth certificate, passport, social security card,
health insurance or other benefits card, a card or document used to
access bank, credit or other financial accounts or records, tax returns,
any driver's license, and immigration documents including but not limit-
ed to a United States permanent resident card and employment authori-
zation document; and (B) upon motion and after notice and an opportunity
to be heard, any of the following, including those that may reflect
joint use or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents; and
(k) to observe such other conditions as are necessary to further the
purposes of protection.
2. The court may also award custody of the child, during the term of
the order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to an institution
or agency. In making orders of protection, the court shall so act as to
insure that in the care, protection, discipline and guardianship of the
child his religious faith shall be preserved and protected.
3. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection where applicable, may be entered
against a former spouse and persons who have a child in common, regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
4. In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application for such an order,
solely on the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or the conclusion of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
5. 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 nor may such protected party be
arrested for violating such order.
6. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
S. 2454 6
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
§ 5. Section 656 of the family court act, as amended by chapter 526 of
the laws of 2013, and the closing paragraph as added by chapter 480 of
the laws of 2013, is amended to read as follows:
§ 656. Order of protection. 1. The court may make an order of
protection and an order of probation in assistance or as a condition of
any other order made under this part. The order of protection may set
forth reasonable conditions of behavior to be observed for a specific
time by any petitioner or any respondent, and shall specify if an order
of probation is in effect. No order of protection may direct any party
to observe conditions of behavior unless the party requesting the order
of protection has served and filed a petition or counter-claim in
accordance with section one hundred fifty-four-b of this act. Such an
order may require the petitioner or the respondent:
(a) to stay away from the home, school, business or place of employ-
ment of any other party, the other spouse or parent, or the child, and
to stay away from any other specific location designated by the court;
(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this act, or any criminal
offense against the child or against the other parent or against any
person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this act
or the domestic relations law;
(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
(f) to participate in an educational program and to pay the costs
thereof if the person has the means to do so, provided however that
nothing contained herein shall be deemed to require payment of the costs
of any such program by the state or any political subdivision thereof;
(g) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;
(h) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced;
(i) [1.] (1) to refrain from intentionally injuring or killing, with-
out justification, any companion animal the respondent knows to be
owned, possessed, leased, kept or held by the petitioner or a minor
child residing in the household.
[2.] (2) "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three hundred fifty of
the agriculture and markets law;
S. 2454 7
(j) [1.] (1) to promptly return specified identification documents to
the protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
[2.] (2) For purposes of this subdivision, "identification document"
shall mean any of the following: (A) exclusively in the name of the
protected party: birth certificate, passport, social security card,
health insurance or other benefits card, a card or document used to
access bank, credit or other financial accounts or records, tax returns,
any driver's license, and immigration documents including but not limit-
ed to a United States permanent resident card and employment authori-
zation document; and (B) upon motion and after notice and an opportunity
to be heard, any of the following, including those that may reflect
joint use or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents; and
(k) to observe such other conditions as are necessary to further the
purposes of protection.
2. The court shall not require anyone seeking an order of protection
under this section to first request that child protective services
investigate the allegations or to first request permission to file a
petition under article ten of this act.
3. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection where applicable, may be entered
against a former spouse and persons who have a child in common, regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
4. In addition to the foregoing provisions, the court may issue an
order, pursuant to section two hundred twenty-seven-c of the real prop-
erty law, authorizing the party for whose benefit any order of
protection has been issued to terminate a lease or rental agreement
pursuant to section two hundred twenty-seven-c of the real property law.
5. In any proceeding pursuant to this article, a court shall not deny
an order of protection, or dismiss an application for such an order,
solely on the basis that the acts or events alleged are not relatively
contemporaneous with the date of the application or the conclusion of
the action. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order.
6. 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 nor may such protected party be
arrested for violating such order.
7. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFORMA-
TION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
S. 2454 8
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
§ 6. Section 842 of the family court act, as amended by chapter 526 of
the laws of 2013, and the closing paragraph as added by chapter 480 of
the laws of 2013, is amended to read as follows:
§ 842. Order of protection. 1. An order of protection under section
eight hundred forty-one of this part shall set forth reasonable condi-
tions 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 peti-
tion is in violation of a valid order of protection. 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, constitute sufficient ground for denying or failing to extend
the order. The court must articulate a basis for its decision on the
record. The duration of any temporary order shall not by itself be a
factor in determining the length or issuance of any final order. Any
order of protection issued pursuant to this section shall specify if an
order of probation is in effect. Any order of protection issued pursuant
to this section may require the petitioner or the respondent:
(a) to stay away from the home, school, business or place of employ-
ment of any other party, the other spouse, the other parent, or the
child, and to stay away from any other specific location designated by
the court, provided that the court shall make a determination, and shall
state such determination in a written decision or on the record, whether
to impose a condition pursuant to this subdivision, provided further,
however, that failure to make such a determination shall not affect the
validity of such order of protection. In making such determination, the
court shall consider, but shall not be limited to consideration of,
whether the order of protection is likely to achieve its purpose in the
absence of such a condition, conduct subject to prior orders of
protection, prior incidents of abuse, extent of past or present injury,
threats, drug or alcohol abuse, and access to weapons;
(b) to permit a parent, or a person entitled to visitation by a court
order or a separation agreement, to visit the child at stated periods;
(c) to refrain from committing a family offense, as defined in subdi-
vision one of section eight hundred twelve of this [act] ARTICLE, or any
criminal offense against the child or against the other parent or
against any person to whom custody of the child is awarded, or from
harassing, intimidating or threatening such persons;
(d) to permit a designated party to enter the residence during a spec-
ified period of time in order to remove personal belongings not in issue
in this proceeding or in any other proceeding or action under this act
or the domestic relations law;
S. 2454 9
(e) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child;
(f) to pay the reasonable counsel fees and disbursements involved in
obtaining or enforcing the order of the person who is protected by such
order if such order is issued or enforced;
(g) to require the respondent to participate in a batterer's education
program designed to help end violent behavior, which may include refer-
ral to drug and alcohol counselling, and to pay the costs thereof if the
person has the means to do so, provided however that nothing contained
herein shall be deemed to require payment of the costs of any such
program by the petitioner, the state or any political subdivision there-
of;
(h) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
from the incident or incidents forming the basis for the issuance of the
order;
(i) [1.] (1) to refrain from intentionally injuring or killing, with-
out justification, any companion animal the respondent knows to be
owned, possessed, leased, kept or held by the petitioner or a minor
child residing in the household.
[2.] (2) "Companion animal", as used in this section, shall have the
same meaning as in subdivision five of section three hundred fifty of
the agriculture and markets law;
(j) [1.] (1) to promptly return specified identification documents to
the protected party, in whose favor the order of protection or temporary
order of protection is issued; provided, however, that such order may:
(A) include any appropriate provision designed to ensure that any such
document is available for use as evidence in this proceeding, and avail-
able if necessary for legitimate use by the party against whom such
order is issued; and (B) specify the manner in which such return shall
be accomplished.
[2.] (2) For purposes of this subdivision, "identification document"
shall mean any of the following: (A) exclusively in the name of the
protected party: birth certificate, passport, social security card,
health insurance or other benefits card, a card or document used to
access bank, credit or other financial accounts or records, tax returns,
any driver's license, and immigration documents including but not limit-
ed to a United States permanent resident card and employment authori-
zation document; and (B) upon motion and after notice and an opportunity
to be heard, any of the following, including those that may reflect
joint use or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document
used to access bank, credit or other financial accounts or records, tax
returns, and any other identifying cards and documents; and
(k) to observe such other conditions as are necessary to further the
purposes of protection.
2. The court may also award custody of the child, during the term of
the order of protection to either parent, or to an appropriate relative
within the second degree. Nothing in this section gives the court power
to place or board out any child or to commit a child to an institution
or agency.
3. Notwithstanding the provisions of section eight hundred seventeen
of this article, where a temporary order of child support has not
already been issued, the court may in addition to the issuance of an
order of protection pursuant to this section, issue an order for tempo-
rary child support in an amount sufficient to meet the needs of the
S. 2454 10
child, without a showing of immediate or emergency need. The court shall
make an order for temporary child support notwithstanding that informa-
tion with respect to income and assets of the respondent may be unavail-
able. Where such information is available, the court may make an award
for temporary child support pursuant to the formula set forth in subdi-
vision one of section four hundred thirteen of this act. Temporary
orders of support issued pursuant to this article shall be deemed to
have been issued pursuant to section four hundred thirteen of this act.
4. Upon making an order for temporary child support pursuant to this
subdivision, the court shall advise the petitioner of the availability
of child support enforcement services by the support collection unit of
the local department of social services, to enforce the temporary order
and to assist in securing continued child support, and shall set the
support matter down for further proceedings in accordance with article
four of this act.
5. Where the court determines that the respondent has employer-provid-
ed medical insurance, the court may further direct, as part of an order
of temporary support under this subdivision, that a medical support
execution be issued and served upon the respondent's employer as
provided for in section fifty-two hundred forty-one of the civil prac-
tice law and rules.
6. In any proceeding in which an order of protection or temporary
order of protection or a warrant has been issued under this section, the
clerk of the court shall issue to the petitioner and respondent and his
counsel and to any other person affected by the order a copy of the
order of protection or temporary order of protection and ensure that a
copy of the order of protection or temporary order of protection be
transmitted to the local correctional facility where the individual is
or will be detained, the state or local correctional facility where the
individual is or will be imprisoned, and the supervising probation
department or the department of corrections and community supervision
where the individual is under probation or parole supervision.
7. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection where applicable, may be entered
against a former spouse and persons who have a child in common, regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this article.
8. In addition to the foregoing provisions, the court may issue an
order, pursuant to section two hundred twenty-seven-c of the real prop-
erty law, authorizing the party for whose benefit any order of
protection has been issued to terminate a lease or rental agreement
pursuant to section two hundred twenty-seven-c of the real property law.
9. 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 nor may such protected party be
arrested for violating such order.
10. THE CLERK OF THE COURT SHALL BE RESPONSIBLE FOR PROVIDING INFOR-
MATION TO INDIVIDUALS PETITIONING FOR EX PARTE ORDERS OF PROTECTION
REGARDING NOTIFICATION OF SERVICE OF AN ORDER OF PROTECTION. SUCH
NOTIFICATION TO THE PETITIONER IS REQUIRED IF THE PETITIONER HAS REGIS-
TERED A TELEPHONE NUMBER WITH THE STATE VICTIM NOTIFICATION SYSTEM. THE
PETITIONER SHALL BE INFORMED OF HIS OR HER OPTION TO RECEIVE NOTIFICA-
TION OF SERVICE OF AN EX PARTE ORDER OF PROTECTION OR SUMMONS ON THE
RESPONDENT BY THE COURT CLERK AND SHALL BE PROVIDED INFORMATION ON HOW
TO RECEIVE NOTIFICATION OF SERVICE OF EX PARTE ORDERS OF PROTECTION OR
S. 2454 11
SUMMONS TO COURT. THE LOCAL LAW ENFORCEMENT AGENCY OR ANY OTHER GOVERN-
MENT AGENCY RESPONSIBLE FOR SERVING EX PARTE ORDERS OF PROTECTION OR
SUMMONS TO COURT SHALL RECORD THE SERVICE OF ORDERS OF PROTECTION ON THE
COMPUTERIZED REGISTRY ESTABLISHED PURSUANT TO SECTION TWO HUNDRED TWEN-
TY-ONE-A OF THE EXECUTIVE LAW AT THE TIME WHEN SERVICE OCCURS. THE
PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO THOSE COURT CLERKS
ABLE TO ACCESS A STATEWIDE VICTIM NOTIFICATION SYSTEM.
§ 7. This act shall take effect immediately.
