Senate Bill S3338

2025-2026 Legislative Session

Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S3338 (ACTIVE) - Details

See Assembly Version of this Bill:
A510
Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §828, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2019-2020: A8769
2021-2022: A3289
2023-2024: S4251, A1898

2025-S3338 (ACTIVE) - Summary

Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court; provides that such hearing shall be scheduled no later than 14 days after the temporary order is issued.

2025-S3338 (ACTIVE) - Sponsor Memo

2025-S3338 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3338
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sens. ASHBY, BORRELLO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to the scheduling of a
   fact finding hearing after  the  issuance  of  a  temporary  order  of
   protection in family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 828 of the  family  court  act  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  UPON  ISSUING  A  TEMPORARY  ORDER OF PROTECTION, THE COURT SHALL
 SCHEDULE A FIRST APPEARANCE FOR PURPOSES OF A FACT-FINDING  HEARING  NOT
 LATER  THAN  FOURTEEN  DAYS  AFTER  THE TEMPORARY ORDER OF PROTECTION IS
 ISSUED. IF NO HEARING HAS BEEN SCHEDULED WITHIN  FOURTEEN  DAYS  OF  THE
 ISSUANCE  OF  THE  TEMPORARY ORDER OF PROTECTION, THE TEMPORARY ORDER OF
 PROTECTION ISSUED PURSUANT TO THIS  SECTION  SHALL  BE  DEEMED  TO  HAVE
 EXPIRED AND NO LONGER BE IN EFFECT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02776-01-5

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