LBD02248-01-3
S. 255 2
OF THIS PART, FIVE YEARS. THE ORDER MAY REQUIRE 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 5. Section 846-a of the family court act, as amended by chapter 597
of the laws of 1998, 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 UNDER THIS ACT OR ISSUED by a court of competent jurisdiction of
another state, territorial or tribal jurisdiction in a proceeding 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
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 [of protection,]
OR TEMPORARY ORDER OR make a new order of protection in accordance with
[section eight hundred forty-two, may order the forfeiture of bail in a
manner consistent with article five hundred forty of the criminal proce-
dure 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 PART UPON SUCH CONDITIONS
AS THE COURT SHALL DIRECT, WHICH MAY INCLUDE, BUT NOT BE LIMITED TO, A
DIRECTION THAT THE RESPONDENT 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
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 SUBDIVISION
THEREOF;
3. IF THE RESPONDENT IS ALREADY ON PROBATION PURSUANT TO SUCH SECTION,
REVOKE SUCH ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH
PROBATION, 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 PART OR, IF THE
RESPONDENT HAS ALREADY BEEN SO ORDERED AND HAS VIOLATED SUCH ORDER,
MODIFY SUCH ORDER OF RESTITUTION;
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];
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 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 SPECIFIED
BY THE COURT;
S. 255 3
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. REVOKE OR, IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF
PROTECTION, SUSPEND ANY LICENSE OF THE RESPONDENT TO CARRY, POSSESS,
REPAIR AND DISPOSE OF FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL
LAW IMMEDIATELY, AND ARRANGE FOR THE IMMEDIATE SURRENDER 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
constituting the crimes of menacing, reckless endangerment, STALKING,
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 and disposal of any
firearm such respondent owns or possesses]. If the willful failure to
obey such order involves the infliction of serious physical injury as
defined in subdivision ten 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, such revocation and immediate surrender 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 6. The first undesignated paragraph and the closing paragraph of
subdivision 3 of section 240 of the domestic relations law, as added by
chapter 606 of the laws of 1999, are amended and a new subdivision 3-d
is added to read as follows:
G. Any party moving for a temporary order of protection pursuant to
this subdivision during hours when the court is open shall be entitled
to file such motion or pleading containing such prayer for emergency
relief on the same day that such person first appears at such court, and
a hearing on the motion or portion of the pleading requesting such emer-
gency relief shall be held on the same day or the next day that the
court is in session following the filing of such motion or pleading.
H. Upon issuance of an order of protection or temporary order of
protection [or upon a violation of such order], the court may make an
order in accordance with section eight hundred forty-two-a of the family
court act directing the surrender of firearms, revoking or suspending a
party's firearms license, and/or directing that such party be ineligible
to receive a firearms license. 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 MAY 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
S. 255 4
TRIBAL JURISDICTION IN A PROCEEDING AND IF, AFTER HEARING, THE COURT IS
SATISFIED BY COMPETENT PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO
OBEY SUCH ORDER, THE COURT MAY 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
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
SECTION EIGHT HUNDRED FORTY-ONE OF THE FAMILY COURT ACT REVOKE SUCH
ORDER OF PROBATION OR MODIFY THE CONDITIONS OF SUCH PROBATION, 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;
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 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 SUPER-
VISED 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 PARAGRAPH H OF SUBDIVISION THREE OF THIS SECTION
AND SECTION EIGHT HUNDRED FORTY-SIX-A OF THE FAMILY COURT ACT, IMME-
DIATELY REVOKE OR, IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF
PROTECTION, SUSPEND ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF
S. 255 5
FIREARMS PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY FOUND
TO HAVE VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND
DISPOSAL OF ANY FIREARM SUCH PARTY OWNS OR POSSESSES, IF THE COURT
DETERMINES THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER INVOLVES VIOLENT
BEHAVIOR CONSTITUTING THE CRIMES OF MENACING, RECKLESS ENDANGERMENT,
STALKING, ASSAULT OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY
SUCH ORDER INVOLVES THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED
IN SUBDIVISION TEN 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, SUCH REVOCATION AND IMMEDIATE SURRENDER AND DISPOSAL
OF ANY FIREARM OWNED OR POSSESSED BY SUCH PARTY SHALL BE MANDATORY,
PURSUANT TO SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW.
S 7. Subdivision 9 of section 252 of the domestic relations law, as
added by chapter 606 of the laws of 1999, is amended and a new subdivi-
sion 11 is added 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 may [take]
MAKE an order in accordance with section eight hundred forty-two-a of
the family court act directing the surrender of firearms, revoking or
suspending a party's firearms license, and/or directing that such party
be ineligible to receive a firearms license. 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 deter-
mines 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 judgement or settlement of the action. UPON A FINDING OF A
WILLFUL VIOLATION OF AN ORDER OF PROTECTION OR TEMPORARY ORDER OF
PROTECTION, THE COURT MAY MAKE AN ORDER IN ACCORDANCE WITH SUBDIVISION
TEN OF THIS SECTION.
11. 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 IN A PROCEEDING AND IF, AFTER HEARING, THE COURT IS
SATISFIED BY COMPETENT PROOF THAT SUCH PARTY HAS WILLFULLY FAILED TO
OBEY ANY SUCH ORDER, THE COURT MAY 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 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
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;
S. 255 6
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 OR MODIFY THE CONDITIONS OF SUCH
PROBATION, 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
SUBDIVISION NINE OF THIS SECTION OR, IF SUCH PARTY HAS ALREADY BEEN SO
ORDERED AND HAS WILLFULLY VIOLATED SUCH ORDER, MODIFY SUCH ORDER;
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 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 SUPER-
VISED 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 NINE OF THIS SECTION AND SECTION
EIGHT HUNDRED FORTY-SIX-A OF THE FAMILY COURT ACT, IMMEDIATELY REVOKE,
OR IN THE CASE OF A VIOLATION OF A TEMPORARY ORDER OF PROTECTION,
SUSPEND ANY LICENSE TO CARRY, POSSESS, REPAIR AND DISPOSE OF FIREARMS
PURSUANT TO SECTION 400.00 OF THE PENAL LAW OF THE PARTY FOUND TO HAVE
VIOLATED THE ORDER, AND ARRANGE FOR THE IMMEDIATE SURRENDER AND DISPOSAL
OF ANY FIREARM SUCH PARTY OWNS OR POSSESSES, IF THE COURT DETERMINES
THAT THE WILLFUL FAILURE TO OBEY SUCH ORDER INVOLVES VIOLENT BEHAVIOR
CONSTITUTING THE CRIMES OF MENACING, RECKLESS ENDANGERMENT, STALKING,
ASSAULT OR ATTEMPTED ASSAULT. IF THE WILLFUL FAILURE TO OBEY SUCH ORDER
INVOLVES THE INFLICTION OF SERIOUS PHYSICAL INJURY AS DEFINED IN SUBDI-
VISION TEN 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, SUCH REVOCATION AND IMMEDIATE SURRENDER AND DISPOSAL OF ANY
FIREARM OWNED OR POSSESSED BY SUCH PARTY SHALL BE MANDATORY, PURSUANT TO
SUBDIVISION ELEVEN OF SECTION 400.00 OF THE PENAL LAW.
S 8. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that section four of this act
shall apply to family offenses committed on or after such date.