Legislation
SECTION 841
Orders of disposition
Family Court Act (FCT) CHAPTER 686, ARTICLE 8, PART 4
§ 841. Orders of disposition. At the conclusion of a dispositional
hearing under this article, the court may enter an order:
(a) dismissing the petition, if the allegations of the petition are
not established; or
(b) suspending judgment for a period not in excess of six months; or
(c) placing the respondent on probation for a period not exceeding one
year, and requiring respondent to 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
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
(d) making an order of protection in accord with section eight hundred
forty-two of this part; or
(e) directing payment of restitution in an amount not to exceed ten
thousand dollars. An order of restitution may be made in conjunction
with any order of disposition authorized under subdivisions (b), (c), or
(d) of this section. In no case shall an order of restitution be issued
where the court determines that the respondent has already paid such
restitution as part of the disposition or settlement of another
proceeding arising from the same act or acts alleged in the petition
before the court.
No order of protection may direct any party to observe conditions of
behavior unless the party requesting the order of protection has served
and filed a petition or counter-claim in accordance with section one
hundred fifty-four-b of this act. Nothing in this section shall preclude
the issuance of a temporary order of protection ex parte, pursuant to
section eight hundred twenty-eight of this article.
Nothing in this section shall preclude the issuance of both an order
of probation and an order of protection as part of the order of
disposition.
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this article.
hearing under this article, the court may enter an order:
(a) dismissing the petition, if the allegations of the petition are
not established; or
(b) suspending judgment for a period not in excess of six months; or
(c) placing the respondent on probation for a period not exceeding one
year, and requiring respondent to 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
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
(d) making an order of protection in accord with section eight hundred
forty-two of this part; or
(e) directing payment of restitution in an amount not to exceed ten
thousand dollars. An order of restitution may be made in conjunction
with any order of disposition authorized under subdivisions (b), (c), or
(d) of this section. In no case shall an order of restitution be issued
where the court determines that the respondent has already paid such
restitution as part of the disposition or settlement of another
proceeding arising from the same act or acts alleged in the petition
before the court.
No order of protection may direct any party to observe conditions of
behavior unless the party requesting the order of protection has served
and filed a petition or counter-claim in accordance with section one
hundred fifty-four-b of this act. Nothing in this section shall preclude
the issuance of a temporary order of protection ex parte, pursuant to
section eight hundred twenty-eight of this article.
Nothing in this section shall preclude the issuance of both an order
of probation and an order of protection as part of the order of
disposition.
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this article.