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Assembly Bill A1898

2023-2024 Legislative Session

Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court

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Archive: Last Bill Status - In Assembly Committee

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2023-A1898 (ACTIVE) - Details

See Senate Version of this Bill:
S4251
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §828, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2019-2020: A8769
2021-2022: A3289
2025-2026: A510, S3338

2023-A1898 (ACTIVE) - Summary

Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court; provides that such hearing shall be scheduled no later than 14 days after the temporary order is issued.

2023-A1898 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1898
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. WALSH, DeSTEFANO, BLANKENBUSH, McDONOUGH, MORI-
   NELLO, MILLER, J. M. GIGLIO, BYRNES, SIMPSON, DURSO -- Multi-Sponsored
   by -- M. of A.  ANGELINO, GALLAHAN, PALMESANO, TAGUE -- read once  and
   referred to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to the scheduling of a
   fact  finding  hearing  after  the  issuance  of  a temporary order of
   protection in family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 828 of the family court act is
 amended by adding a new paragraph (c) to read as follows:
   (C) UPON ISSUING A TEMPORARY ORDER  OF  PROTECTION,  THE  COURT  SHALL
 SCHEDULE  A  FIRST APPEARANCE FOR PURPOSES OF A FACT-FINDING HEARING NOT
 LATER THAN FOURTEEN DAYS AFTER THE  TEMPORARY  ORDER  OF  PROTECTION  IS
 ISSUED.  IF  NO  HEARING  HAS BEEN SCHEDULED WITHIN FOURTEEN DAYS OF THE
 ISSUANCE OF THE TEMPORARY ORDER OF PROTECTION, THE  TEMPORARY  ORDER  OF
 PROTECTION  ISSUED  PURSUANT  TO  THIS  SECTION  SHALL BE DEEMED TO HAVE
 EXPIRED AND NO LONGER BE IN EFFECT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02843-01-3

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