Relates to orders of protection where the respondent is a minor who resides with a parent or other legally responsible person or other party; prohibits courts from issuing an order of protection that directs a minor respondent to stay away from the home of a parent or other person legally responsible for the respondent if the respondent would not have an appropriate alternative residence; provides that such a respondent shall have the right to have a guardian ad litem appointed, if appropriate; authorizes suspended judgment in certain cases provided that the respondent participate in a batterer's education program.
S T A T E O F N E W Y O R K
________________________________________________________________________
10556
I N A S S E M B L Y
March 13, 2026
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the family court act, in relation to orders of
protection where the respondent is a minor who resides with a parent
or other legally responsible person or other party
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 759 of the family court act, as
amended by chapter 483 of the laws of 1995, is amended to read as
follows:
(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, HOWEVER, THAT WHERE THE RESPONDENT RESIDES WITH A
PARENT, OTHER PERSON LEGALLY RESPONSIBLE OR OTHER PARTY, NO ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION MAY BE ISSUED THAT DIRECTS
THE RESPONDENT TO STAY AWAY FROM THE HOME OF SUCH INDIVIDUAL IF, AFTER
INQUIRY, THE COURT DETERMINES THAT THE EFFECT OF SUCH ORDER WOULD LEAVE
THE RESPONDENT WITHOUT AN APPROPRIATE ALTERNATIVE RESIDENCE EITHER WITH
A RELATIVE OR OTHER SUITABLE PERSON OR IN PRE-DISPOSITIONAL OR DISPOSI-
TIONAL PLACEMENT UNDER SECTION SEVEN HUNDRED FORTY OR SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE;
§ 2. Paragraphs (a) and (c) of subdivision 3 of section 821-a of the
family court act, as added by chapter 222 of the laws of 1994, are
amended and a new subdivision 7 is added to read as follows:
(a) advise the parties of the right to retain legal representation or,
if indigent, the right to have counsel appointed pursuant to section two
hundred sixty-two of this act AND, IF THE RESPONDENT IS UNDER THE AGE OF
EIGHTEEN AND THE PETITIONER IS A PARENT OR OTHER PERSON LEGALLY RESPON-
SIBLE FOR THE RESPONDENT, THE RIGHT TO HAVE A GUARDIAN AD LITEM
APPOINTED, IF THE COURT DEEMS IT APPROPRIATE;
(c) provide the respondent with a copy of such petition; and the court
may:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14968-01-6
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