S. 5220 2
PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
BE GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED FORTY-
SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT HUNDRED FORTY-SEVEN OF THIS
ACT; PROVIDED, HOWEVER, THAT AN ALLEGED VIOLATION CONSISTING OF NONPAY-
MENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE SHALL
BE GOVERNED BY PARTS FIVE AND SEVEN OF THIS ARTICLE.
S 3. Section 550 of the family court act is amended by adding a new
subdivision (d) to read as follows:
(D) IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION, SUCH
ALLEGED VIOLATION SHALL BE GOVERNED BY SECTIONS EIGHT HUNDRED
FORTY-TWO-A, EIGHT HUNDRED FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND
EIGHT HUNDRED FORTY-SEVEN OF THIS ACT; PROVIDED, HOWEVER, THAT AN
ALLEGED VIOLATION CONSISTING OF NONPAYMENT OF SUPPORT IN VIOLATION OF AN
ORDER ISSUED UNDER THIS ARTICLE OR ARTICLE FOUR OF THIS ACT SHALL BE
GOVERNED BY PARTS FIVE AND SEVEN OF ARTICLE FOUR OF THIS ACT.
S 4. Section 552 of the family court act, as added by chapter 1 of the
laws of 2013, is amended to read as follows:
S 552. Firearms; surrender and license suspension, revocation and
ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION. Upon the issuance of an order of protection or
temporary order of protection, or upon a violation of such order, the
court shall make a determination regarding the suspension and revocation
of a license to carry, possess, repair or dispose of a firearm or
firearms, ineligibility for such a license and the surrender of firearms
in accordance with section eight hundred forty-two-a of this act. IF A
RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
BE SUBJECT TO SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED
FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT HUNDRED FORTY-SEVEN OF
THIS ACT; PROVIDED, HOWEVER, THAT AN ALLEGED VIOLATION CONSISTING OF
NONPAYMENT OF SUPPORT IN VIOLATION OF AN ORDER ISSUED UNDER THIS ARTICLE
OR ARTICLE FOUR OF THIS ACT SHALL BE GOVERNED BY PARTS FIVE AND SEVEN OF
ARTICLE FOUR OF THIS ACT.
S 5. Section 655 of the family court act is amended by adding a new
subdivision (e) to read as follows:
(E) IF A RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY A
TEMPORARY ORDER OF PROTECTION ISSUED PURSUANT TO THIS SECTION, SUCH
ALLEGED VIOLATION SHALL BE GOVERNED BY SECTIONS EIGHT HUNDRED
FORTY-TWO-A, EIGHT HUNDRED FORTY-SIX, EIGHT HUNDRED FORTY-SIX-A AND
EIGHT HUNDRED FORTY-SEVEN OF THIS ACT.
S 6. Section 656-a of the family court act, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
S 656-a. Firearms; surrender and license suspension, revocation and
ineligibility; ISSUANCE OR VIOLATION OF ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION. Upon the issuance of an order of protection or
temporary order of protection, or upon a violation of such order, the
court shall make a determination regarding the suspension and revocation
of a license to carry, possess, repair or dispose of a firearm or
firearms, ineligibility for such a license and the surrender of firearms
in accordance with section eight hundred forty-two-a of this act. IF A
RESPONDENT IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN ORDER OF
PROTECTION ISSUED PURSUANT TO THIS ARTICLE, SUCH ALLEGED VIOLATION SHALL
BE GOVERNED BY SECTIONS EIGHT HUNDRED FORTY-TWO-A, EIGHT HUNDRED FORTY-
SIX, EIGHT HUNDRED FORTY-SIX-A AND EIGHT HUNDRED FORTY-SEVEN OF THIS
ACT.
S. 5220 3
S 7. Subdivision (c) of section 841 of the family court act, as
amended by chapter 222 of the laws of 1994, is amended to read as
follows:
(c) placing the respondent on probation for a period not exceeding
[one year] TWO YEARS OR, IF AN ORDER OF PROTECTION HAS BEEN ISSUED FOR
FIVE YEARS PURSUANT TO SECTION EIGHT HUNDRED FORTY-TWO OF THIS ARTICLE,
A PERIOD NOT EXCEEDING FIVE YEARS, and requiring respondent to partic-
ipate in a batterer's education program designed to help end violent
behavior, which may include referral to drug and alcohol counseling, and
to pay the costs thereof if respondent 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 thereof; or
S 8. Section 846-a of the family court act, as amended by chapter 1 of
the laws of 2013, is amended to read as follows:
S 846-a. Powers on failure to obey order. If a respondent is brought
before the court for failure to obey any lawful order issued under this
article or an order of protection or temporary order of protection
issued pursuant to this act or issued by a court of competent jurisdic-
tion of another state, territorial or tribal jurisdiction and if, after
hearing, the court is satisfied by competent proof that the respondent
has willfully failed to obey [any] such order, the court [may] SHALL DO
ONE OR MORE OF THE FOLLOWING:
1. modify an existing order or temporary order of protection to add
reasonable conditions of behavior to the existing order[,] OR TEMPORARY
ORDER OR make a new order of protection OR TEMPORARY ORDER OF PROTECTION
in accordance with section eight hundred forty-two of this part, [may]
OR order the forfeiture of bail in a manner consistent with article five
hundred forty of the criminal procedure law if bail has been ordered
pursuant to this act[, may];
2. PLACE THE RESPONDENT ON PROBATION IN ACCORDANCE WITH SUBDIVISION
(C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE UPON SUCH CONDI-
TIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED
TO, A DIRECTION THAT THE RESPONDENT PARTICIPATE IN A BATTERER'S EDUCA-
TION PROGRAM DESIGNED TO HELP END VIOLENT BEHAVIOR, WHICH MAY INCLUDE
REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY THE COSTS THEREOF IF
THE RESPONDENT HAS THE MEANS TO DO SO, PROVIDED, HOWEVER, THAT NOTHING
IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF
ANY SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY POLITICAL SUBDIVI-
SION THEREOF;
3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
REVOKE SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS OF SUCH PROBATION
AND/OR ORDER ANY OTHER REMEDY UNDER THIS SECTION, PROVIDED, HOWEVER,
THAT PENDING THE DETERMINATION OF A VIOLATION OF PROBATION, THE PERIOD
OF PROBATION SHALL BE TOLLED AS OF THE DATE OF FILING OF THE VIOLATION
PETITION OR MOTION;
4. ORDER THE RESPONDENT TO PAY RESTITUTION IN ACCORDANCE WITH SUBDIVI-
SION (E) OF SECTION EIGHT HUNDRED FORTY-ONE OF THIS ARTICLE OR, IF THE
RESPONDENT HAS ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER,
MODIFY SUCH ORDER OF RESTITUTION AND/OR ORDER ANY OTHER REMEDY UNDER
THIS SECTION;
5. order the respondent to pay the [petitioner's] reasonable and
necessary counsel fees AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES
AND/OR THE CHILD'S ATTORNEY in connection with the violation petition
[where the court finds that the violation of its order was willful, and
may];
S. 5220 4
6. ORDER THE RESPONDENT 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 OR ITS VIOLATION;
7. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN RESPONDENT AND HIS
OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE SUPERVISED BY
A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER CONDITIONS SPECI-
FIED BY THE COURT;
8. commit the respondent to jail for a term not to exceed six months.
Such commitment may be served upon certain specified days or parts of
days as the court may direct, and the court may, at any time within the
term of such sentence, revoke such [suspension] DIRECTION and commit the
respondent for the remainder of the original sentence, or suspend the
remainder of such sentence[. If]; AND
9. IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION EIGHT HUNDRED
FORTY-TWO-A OF THIS ARTICLE, IMMEDIATELY REVOKE ANY LICENSE POSSESSED BY
RESPONDENT TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS PURSUANT TO
SECTION 400.00 OF THE PENAL LAW, ORDER THE RESPONDENT INELIGIBLE FOR
SUCH A LICENSE, AND ARRANGE FOR THE IMMEDIATE SURRENDER PURSUANT TO
SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVISION A OF SECTION 265.20 AND
SUBDIVISION SIX OF SECTION 400.05 OF THE PENAL LAW, AND DISPOSAL OF ANY
FIREARM SUCH RESPONDENT OWNS OR POSSESSES, IF the court determines that
the willful failure to obey such order involves violent behavior consti-
tuting the crimes of menacing, reckless endangerment, assault or
attempted assault [and if such a respondent is licensed to carry,
possess, repair and dispose of firearms pursuant to section 400.00 of
the penal law, the court may also immediately revoke such license and
may arrange for the immediate surrender pursuant to subparagraph (f) of
paragraph one of subdivision a of section 265.20 and subdivision six of
section 400.05 of the penal law, and disposal of any firearm such
respondent owns or possesses]. If the willful failure to obey such order
involves [the infliction of physical injury as defined in subdivision
nine of section 10.00 of the penal law or the use or threatened use of a
deadly weapon or dangerous instrument, as those terms are defined in
subdivisions twelve and thirteen of section 10.00 of the penal law] ANY
OF THE BEHAVIORS OR ACTIONS ENUMERATED IN PARAGRAPH (A) OR (B) OF SUBDI-
VISION THREE OF SECTION 842-A OF THIS ARTICLE, such revocation and imme-
diate surrender pursuant to subparagraph (f) of paragraph one of subdi-
vision a of section 265.20 and subdivision six of section 400.05 of the
penal law [six] and disposal of any firearm owned or possessed by
respondent shall be mandatory, pursuant to subdivision eleven of section
400.00 of the penal law.
S 9. Subparagraphs 4, 5, 6, 7 and 8 of paragraph a of subdivision 3 of
section 240 of the domestic relations law, subparagraphs 4, 5, 6 and 8
as amended by chapter 597 of the laws of 1998, subparagraph 7 as added
and subparagraph 8 as renumbered by chapter 532 of the laws of 2008, are
amended to read as follows:
(4) 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 a proceeding or action under this chapter or the family court act;
[or]
(5) to refrain from acts of commission or omission that create an
unreasonable risk to the health, safety or welfare of a child[.];
(6) 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[.];
S. 5220 5
(7) 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 COUNSELING, 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 PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;
(8) 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;
(9) to refrain from intentionally injuring or killing, without justi-
fication, 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. "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[.]; OR
[(8)] (10) to observe such other conditions as are necessary to
further the purposes of protection.
S 10. Paragraph h of subdivision 3 of section 240 of the domestic
relations law, as amended by chapter 1 of the laws of 2013, is amended
and a new subdivision 3-d is added to read as follows:
h. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court shall make a
determination regarding the suspension and revocation of a license to
carry, possess, repair or dispose of a firearm or firearms, ineligibil-
ity for such a license and the surrender of firearms in accordance with
sections eight hundred forty-two-a and eight hundred forty-six-a of the
family court act, as applicable. Upon issuance of an order of protection
pursuant to this section [or upon a finding of a violation thereof], the
court also may direct payment of restitution in an amount not to exceed
ten thousand dollars in accordance with subdivision (e) of section eight
hundred forty-one of such act; provided, however, that in no case shall
an order of restitution be issued where the court determines that the
party against whom the order would be issued has already compensated the
injured party or where such compensation is incorporated in a final
judgment or settlement of the action. UPON A FINDING OF A WILLFUL
VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION,
THE COURT SHALL MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION THREE-D OF
THIS SECTION.
3-D. IF A PARTY IS BROUGHT BEFORE THE COURT FOR FAILURE TO OBEY AN
ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED BY THE COURT
OR BY A COURT OF COMPETENT JURISDICTION OF ANOTHER STATE, TERRITORIAL OR
TRIBAL JURISDICTION AND IF, AFTER HEARING, THE COURT IS SATISFIED BY
COMPETENT PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO OBEY SUCH ORDER,
THE COURT SHALL DO ONE OR MORE OF THE FOLLOWING:
A. MODIFY AN EXISTING ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION TO ADD REASONABLE CONDITIONS OF BEHAVIOR TO THE EXISTING
ORDER OR TEMPORARY ORDER OR MAKE A NEW ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION;
B. PLACE THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION ON PROBATION IN ACCORDANCE WITH SUBDIVI-
SION (C) OF SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT UPON
SUCH CONDITIONS AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE
S. 5220 6
LIMITED TO, A DIRECTION THAT THE PARTY FOUND TO HAVE VIOLATED THE ORDER
OF PROTECTION OR TEMPORARY ORDER OF PROTECTION PARTICIPATE IN A
BATTERER'S EDUCATION PROGRAM DESIGNED TO HELP END VIOLENT BEHAVIOR,
WHICH MAY INCLUDE REFERRAL TO DRUG AND ALCOHOL COUNSELING, AND TO PAY
THE COSTS THEREOF IF THE PARTY HAS THE MEANS TO DO SO; PROVIDED, HOWEV-
ER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE PAYMENT
OF THE COSTS OF ANY SUCH PROGRAM BY ANY OTHER PARTY, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;
C. IF THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION IS ALREADY ON PROBATION PURSUANT TO SUCH
SECTION, REVOKE SUCH ORDER OF PROBATION, MODIFY THE CONDITIONS OF SUCH
PROBATION AND/OR ORDER ANY OTHER REMEDY UNDER THIS SUBDIVISION,
PROVIDED, HOWEVER, THAT PENDING THE DETERMINATION OF A VIOLATION OF
PROBATION, THE PERIOD OF PROBATION SHALL BE TOLLED AS OF THE DATE OF
FILING OF THE VIOLATION PETITION OR MOTION;
D. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO PAY RESTITUTION IN ACCORDANCE WITH
PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION OR, IF SUCH PARTY HAS
ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER, MODIFY SUCH ORDER
AND/OR ORDER ANY OTHER REMEDY UNDER THIS SUBDIVISION;
E. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO PAY THE REASONABLE AND NECESSARY COUN-
SEL FEES AND DISBURSEMENTS OF ANY OTHER PARTY OR PARTIES AND/OR THE
CHILD'S ATTORNEY IN CONNECTION WITH THE VIOLATION PETITION;
F. ORDER THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION 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 OR ITS VIOLATION;
G. SUSPEND OR MODIFY AN ORDER OF VISITATION BETWEEN THE PARTY FOUND TO
HAVE VIOLATED THE ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION
AND HIS OR HER CHILD OR CHILDREN OR DIRECT THAT SUCH VISITATION BE
SUPERVISED BY A PERSON OR AGENCY DESIGNATED BY THE COURT AND UNDER
CONDITIONS SPECIFIED BY THE COURT;
H. COMMIT THE PARTY FOUND TO HAVE VIOLATED THE ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION TO JAIL FOR A TERM NOT TO EXCEED SIX
MONTHS. SUCH COMMITMENT MAY BE SERVED UPON CERTAIN SPECIFIED DAYS OR
PARTS OF DAYS AS THE COURT MAY DIRECT, AND THE COURT MAY, AT ANY TIME
WITHIN THE TERM OF SUCH SENTENCE, REVOKE SUCH DIRECTION AND COMMIT SUCH
PARTY FOR THE REMAINDER OF THE ORIGINAL SENTENCE, OR SUSPEND THE REMAIN-
DER OF SUCH SENTENCE; AND
I. IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION EIGHT HUNDRED
FORTY-TWO-A OF THE FAMILY COURT ACT, SUSPEND OR REVOKE ANY LICENSE OF
THE PARTY FOUND TO HAVE VIOLATED THE ORDER TO CARRY, POSSESS, REPAIR AND
DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL LAW IMME-
DIATELY, ORDER SUCH PARTY INELIGIBLE TO RECEIVE SUCH A LICENSE AND ORDER
THE IMMEDIATE SURRENDER, PURSUANT TO SUBPARAGRAPH (F) OF PARAGRAPH ONE
OF SUBDIVISION A OF SECTION 265.20 AND SUBDIVISION SIX OF SECTION 400.05
OF THE PENAL LAW, AND DISPOSAL OF ANY FIREARM SUCH PARTY OWNS OR
POSSESSES.
S 11. Paragraphs (f), (g) and (h) of subdivision 1 of section 252 of
the domestic relations law, paragraphs (f) and (h) as amended by chapter
349 of the laws of 1995, paragraph (g) as added and (h) as relettered by
chapter 532 of the laws of 2008, are amended to read as follows:
S. 5220 7
(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; [or]
(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 COUNSELING, 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 PARTY OR PARTIES PROTECTED BY THE ORDER, THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF;
(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) to refrain from intentionally injuring or killing, without justi-
fication, 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. "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[.]; OR
[(h)] (J) to observe such other conditions as are necessary to further
the purposes of protection.
S 12. Subdivision 9 of section 252 of the domestic relations law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
9. Upon issuance of an order of protection or temporary order of
protection or upon a violation of such order, the court shall, WHERE
APPLICABLE, make a determination regarding the suspension and revocation
of a license to carry, possess, repair or dispose of a firearm or
firearms, ineligibility for such a license and the surrender of firearms
in accordance with sections eight hundred forty-two-a and eight hundred
forty-six-a of the family court act, as applicable. Upon issuance of an
order of protection pursuant to this section [or upon a finding of a
violation thereof], the court also may direct payment of restitution in
an amount not to exceed ten thousand dollars in accordance with subdivi-
sion (e) of section eight hundred forty-one of such act; provided,
however, that in no case shall an order of restitution be issued where
the court determines that the party against whom the order would be
issued has already compensated the injured party or where such compen-
sation is incorporated in a final judgment or settlement of the action.
UPON A FINDING OF A WILLFUL VIOLATION OF AN ORDER OF PROTECTION OR
TEMPORARY ORDER OF PROTECTION, THE COURT SHALL MAKE AN ORDER IN ACCORD-
ANCE WITH SUBDIVISION THREE-D OF SECTION TWO HUNDRED FORTY OF THIS CHAP-
TER.
S 13. This act shall take effect on the ninetieth day after it shall
have become a law and shall apply to violations of orders of protection
and temporary orders of protection committed on or after such effective
date.