LBD01295-01-3
A. 579 2
THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
PAIN AND SUFFERING;
(C-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
AND OTHER PERSONAL EFFECTS;
(C-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
THE PARTIES;
S 2. Subdivision 5 of section 530.12 of the criminal procedure law is
amended by adding five new paragraphs (b-1), (b-2), (b-3), (b-4) and
(b-5) to read as follows:
(B-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
ACTION;
(B-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
(B-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
PAIN AND SUFFERING;
(B-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
AND OTHER PERSONAL EFFECTS;
(B-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
THE PARTIES;
S 3. Subdivision (g) of section 446 of the family court act, as
amended by chapter 948 of the laws of 1984, is amended and five new
subdivisions (f-1), (f-2), (f-3), (f-4) and (f-5) are added to read as
follows:
(F-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
ACTION;
(F-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
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RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
(F-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
PAIN AND SUFFERING;
(F-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
AND OTHER PERSONAL EFFECTS;
(F-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
THE PARTIES;
(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[.];
S 3-a. Subdivisions (g), (h) and (i) of section 842 of the family
court act, subdivisions (g) and (h) as amended by chapter 222 of the
laws of 1994, subdivision (i) as added by chapter 253 of the laws of
2006, are amended to read as follows:
(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; [and]
(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. to refrain from intentionally injuring or killing, without
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. "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 4. Subdivisions (h) and (i) of section 656 of the family court act,
subdivision (h) as amended by chapter 948 of the laws of 1984 and subdi-
vision (i) as added by chapter 253 of the laws of 2006, are amended and
five new subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) are added to
read as follows:
(G-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
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RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
ACTION;
(G-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
(G-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
PAIN AND SUFFERING;
(G-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
AND OTHER PERSONAL EFFECTS;
(G-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
THE PARTIES;
(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. to refrain from intentionally injuring or killing, without
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. "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 5. Section 842 of the family court act is amended by adding five new
subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
(G-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
ACTION;
(G-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
(G-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
A. 579 5
DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
PAIN AND SUFFERING;
(G-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
AND OTHER PERSONAL EFFECTS;
(G-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
THE PARTIES;
S 6. Paragraphs (f) and (g) of subdivision 1 of section 1056 of the
family court act, paragraph (f) as amended by chapter 220 of the laws of
1989, paragraph (g) as added by chapter 253 of the laws of 2006, subpar-
agraph 1 of paragraph (g) as amended by chapter 532 of the laws of 2008,
are amended and five new paragraphs (e-1), (e-2), (e-3), (e-4) and (e-5)
are added to read as follows:
(E-1) TO MAKE OR TO CONTINUE TO MAKE RENT OR MORTGAGE PAYMENTS ON A
RESIDENCE OCCUPIED BY THE PERSON WHO IS PROTECTED BY SUCH ORDER IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER OR OTHER
DEPENDENT HOUSEHOLD MEMBERS PROVIDED THAT THIS ISSUE HAS NOT BEEN
RESOLVED OR IS NOT BEING LITIGATED BETWEEN THE PARTIES IN ANOTHER
ACTION;
(E-2) TO PAY THE PETITIONER'S RENT OR FEES FOR HOUSING SERVICES AT A
RESIDENCE OTHER THAN THE ONE PREVIOUSLY SHARED BY THE PARTIES IF THE
RESPONDENT IS FOUND TO HAVE A DUTY TO SUPPORT THE PETITIONER AND THE
PETITIONER REQUIRES ALTERNATIVE HOUSING DUE TO THE INCIDENT OR INCIDENTS
FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER;
(E-3) TO PAY MONETARY COMPENSATION FOR LOSSES ARISING FROM THE INCI-
DENT OR INCIDENTS FORMING THE BASIS FOR THE ISSUANCE OF THE ORDER; SUCH
ORDER MAY REQUIRE THE RESPONDENT TO PAY THE PETITIONER DIRECTLY, TO
REIMBURSE THE CRIME VICTIMS BOARD FOR ANY AND ALL COMPENSATION PAID
DIRECTLY TO OR ON BEHALF OF THE PETITIONER, AND MAY REQUIRE THAT THE
RESPONDENT REIMBURSE ANY PARTIES THAT MAY HAVE COMPENSATED THE PETITION-
ER, AS THE COURT MAY DETERMINE. COMPENSATORY LOSSES SHALL INCLUDE, BUT
SHALL NOT BE LIMITED TO, LOSS OF EARNINGS OR OTHER SUPPORT, OUT-OF-POCK-
ET LOSSES FOR INJURIES SUSTAINED, COST OF REPAIR OR REPLACEMENT OF REAL
OR PERSONAL PROPERTY DAMAGED, DESTROYED OR TAKEN, COST OF COUNSELING FOR
THE PETITIONER AND/OR DEPENDENT HOUSEHOLD MEMBER, MOVING OR OTHER TRAVEL
EXPENSES, REASONABLE ATTORNEY'S FEES, COURT COSTS, AND COMPENSATION FOR
PAIN AND SUFFERING;
(E-4) TO GRANT POSSESSION OF SPECIFIED PERSONAL PROPERTY WHICH SHALL
INCLUDE BUT SHALL NOT BE LIMITED TO AUTOMOBILES, CHECKBOOKS, KEYS,
DOCUMENTATION OF HEALTH INSURANCE, OTHER IDENTIFICATION DOCUMENTATION
AND OTHER PERSONAL EFFECTS;
(E-5) TO PROHIBIT THE RESPONDENT FROM TRANSFERRING, ENCUMBERING OR
OTHERWISE DISPOSING OF SPECIFIED PROPERTY MUTUALLY OWNED OR LEASED BY
THE PARTIES;
(f) to provide, either directly or by means of medical and health
insurance, for expenses incurred for medical care and treatment arising
A. 579 6
from the incident or incidents forming the basis for the issuance of the
order[.];
(g) 1. to refrain from intentionally injuring or killing, without
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. "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 7. The family court act is amended by adding a new section 842-b to
read as follows:
S 842-B. ORDER ON CONSENT. THE COURT MAY, PRIOR TO ISSUING AN ORDER OF
PROTECTION ON CONSENT OF THE PARTIES WITHOUT A FINDING OF WRONGDOING,
IMPOSE AN ORDER ON CONSENT OF SUCH PARTIES WHICH CONTAINS SUCH TERMS AND
CONDITIONS AS ARE AUTHORIZED UNDER SECTION EIGHT HUNDRED FORTY-TWO OF
THIS PART.
S 8. This act shall take effect on the sixtieth day after it shall
have become a law.