Orders Of Protection
Redefines permissible terms and conditions in orders of protection in family court, matrimonial and criminal cases:
- adds uniform language to the condition directing an individual to stay away from a party, a child or other member of the household -- makes Family Court Act and Domestic Relations Law consistent with Criminal Procedure Law, directing a party to "stay away from the home, school or place of employment"
- visitation language is expanded to persons other than parents
- current "offensive conduct" language is made more
- "refrain from committing a family offense.. or any criminal offense... or from harassing, intimidating or threatening such persons"
- "give proper attention to the home" is eliminated; replaced by new condition -- party out of the home can retrieve belongings, accompanied by a police officer
- "acts of commission or omission that tend to make the home not a proper place" is replaced by new condition -- "to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child"
Signed: 1995 Chapter 483
Effective: November 1, 1995
Amends: Domestic Relations Law §§240(3)(1)–(5); 240(3)(7)
Family Court Act §§446(a)–(e); 446(h); 551(a)–(e); 551(i); 656(a)–(e); 656(i); 759(a)–(e); 759(h); 842(a)–(e);
842(i); 1056(1)(a)–(e); 1056(1)(g)
Criminal Procedure Law §530.12(1)(b), (c), (d) and (e)1213