New York A 2227: Relates to the duration of orders of protection in cases involving domestic violence

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A02227 Summary:

BILL NOA02227 

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SAME ASNo Same As

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SPONSORSimon

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COSPNSRTapia, Shimsky, McMahon, Davila, Levenberg, Brown K, Gray, McDonough, Kassay

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MLTSPNSR

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Amd §§842 & 1056, Fam Ct Act; amd §240, Dom Rel L; amd §530.12, CP L

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Relates to duration of orders of protection in cases involving domestic violence.

Go to top A02227 Actions:

BILL NOA02227 

&nbsp

01/15/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA02227 Committee&nbspVotes:

Go to topA02227 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02227 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2227

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 15, 2025
 ___________

 Introduced by M. of A. SIMON, TAPIA, SHIMSKY, McMAHON, DAVILA, LEVENBERG
 -- read once and referred to the Committee on Judiciary

 AN ACT to amend the family court act, the domestic relations law and the
 criminal procedure law, in relation to orders of protection in cases
 involving domestic violence

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The opening paragraph of section 842 of the family court
 2 act, as amended by chapter 335 of the laws of 2019, is amended to read
 3 as follows:
 4 An order of protection under section eight hundred forty-one of this
 5 part shall set forth reasonable conditions of behavior to be observed
 6 for a period not in excess of two years by the petitioner or respondent
 7 or for a period not in excess of five years upon (i) a finding by the
 8 court on the record of the existence of aggravating circumstances as
 9 defined in paragraph (vii) of subdivision (a) of section eight hundred
 10 twenty-seven of this article; or (ii) a finding by the court on the
 11 record that the conduct alleged in the petition is in violation of a
 12 valid order of protection. In cases involving domestic violence, an
 13 order of protection shall be observed by the petitioner or respondent
 14 for a period of no less than five years. Any finding of aggravating
 15 circumstances pursuant to this section shall be stated on the record and
 16 upon the order of protection. The court may also, upon motion, extend
 17 the order of protection for a reasonable period of time upon a showing
 18 of good cause or consent of the parties. The fact that abuse has not
 19 occurred during the pendency of an order shall not, in itself, consti-
 20 tute sufficient ground for denying or failing to extend the order. The
 21 court must articulate a basis for its decision on the record. The dura-
 22 tion of any temporary order shall not by itself be a factor in determin-
 23 ing the length or issuance of any final order. Any order of protection
 24 issued pursuant to this section shall specify if an order of probation

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04790-01-5

 A. 2227 2

 1 is in effect. Any order of protection issued pursuant to this section
 2 may require the petitioner or the respondent:
 3 § 2. The opening paragraph of subdivision 1 of section 1056 of the
 4 family court act, as amended by chapter 526 of the laws of 2013, is
 5 amended to read as follows:
 6 The court may make an order of protection in assistance or as a condi-
 7 tion of any other order made under this part. Such order of protection
 8 shall remain in effect concurrently with, shall expire no later than the
 9 expiration date of, and may be extended concurrently with, such other
 10 order made under this part, except as provided in subdivision four of
 11 this section. The order of protection may set forth reasonable condi-
 12 tions of behavior to be observed for a specified time by a person who is
 13 before the court and is a parent or a person legally responsible for the
 14 child's care or the spouse of the parent or other person legally respon-
 15 sible for the child's care, or both. In cases involving domestic
 16 violence, an order of protection shall be observed by the petitioner or
 17 respondent for a period of no less than five years. Such an order may
 18 require any such person
 19 § 3. The opening paragraph of paragraph a