§ 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
jurisdiction 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
modify an existing order or temporary order of protection to add
reasonable conditions of behavior to the existing order, make a new
order of protection in accordance with section eight hundred forty-two
of this part, may 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 order the respondent to pay
the petitioner's reasonable and necessary counsel fees in connection
with the violation petition where the court finds that the violation of
its order was willful, and may 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 and commit the respondent for the remainder of the original
sentence, or suspend the remainder of such sentence. If the court
determines that the willful failure to obey such order involves violent
behavior constituting 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, such revocation and 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 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.