Orders of Protection
LAWS OF NEW YORK, 2010
CHAPTER 341

AN ACT to amend the family court act and the domestic relations law, in
relation to the issuance of orders of protection

Became a law August 13, 2010, with the approval of the Governor.
Passed by a two-thirds vote.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 446 of the family court act is amended by adding a
new closing paragraph to read as follows:

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 contem-
poraneous 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.

§ 2. Section 551 of the family court act is amended by adding a new
closing paragraph to read as follows:

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 contem-
poraneous 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.

§ 3. Section 656 of the family court act is amended by adding a new
closing paragraph to read as follows:

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 contem-
poraneous 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.

§ 4. Section 759 of the family court act is amended by adding a new
closing paragraph to read as follows:

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 contem-
poraneous 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 opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 476 of the laws of 2009, is
amended to read as follows:

The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual

CHAP. 341 2

abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, assault in the second degree,
assault in the third degree or an attempted assault between spouses or
former spouses, or between parent and child or between members of the
same family or household except that if the respondent would not be
criminally responsible by reason of age pursuant to section 30.00 of the
penal law, then the family court shall have exclusive jurisdiction over
such proceeding. Notwithstanding a complainant's election to proceed in
family court, the criminal court shall not be divested of jurisdiction
to hear a family offense proceeding pursuant to this section. In any
proceeding pursuant to this article, a court shall not deny an order of
protection, or dismiss a petition, solely on the basis that the acts or
events alleged are not relatively contemporaneous with the date of the
petition, the conclusion of the fact-finding or the conclusion of the
dispositional hearing.
For purposes of this article,  "disorderly
conduct" includes disorderly conduct not in a public place. For purposes
of this article, "members of the same family or household" shall mean
the following:

§ 6. The opening paragraph of section 842 of the family court act, as
amended by chapter 579 of the laws of 2003, is amended to read as
follows:

An order of protection under section eight hundred forty-one of this
part shall set forth reasonable conditions 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 petition 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 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:

§ 7. Section 1056 of the family court act is amended by adding a new
subdivision 6 to read as follows:

6. 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.

§ 8. Paragraph e of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 597 of the laws of 1998, is amended
to read as follows:

e. No order of protection may direct any party to observe conditions
of behavior unless: (i) the party requesting the order of protection has
served and filed an action, proceeding, counter-claim or written motion
and, (ii) the court has made a finding on the record that such party is
entitled to issuance of the order of protection which may result from a

3   CHAP. 341

judicial finding of fact, judicial acceptance of an admission by the
party against whom the order was issued or  judicial finding that the
party against whom the order is issued has given knowing, intelligent
and voluntary consent to its issuance. The provisions of this subdivi-
sion shall not preclude the court from issuing a temporary order of
protection upon the court's own motion or where a motion for such relief
is made to the court, for good cause shown. 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.


§ 9. This act shall take effect immediately and shall apply to all
orders of protection pending or entered on or after such effective date.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.