Mckinney's Consolidated Laws of New York Annotated Currentness. Family Court Act. Article 8.
Family Offenses Proceedings. Part 4. Orders. § 842. Order of protection.

Citation: NY FAM CT § 842

Citation: McKinney's Family Court Act § 842

Summary: This New York law pertains to the issuance of protection orders. In July of 2006,
the amendment that allows companion animals owned by the petitioner of the order or a minor
child residing in the household to be included in the order was signed into law. The law
specifically allows a court to order the respondent to refrain from intentionally injuring or
killing, without justification, any companion animal the respondent knows to be owned,
possessed, leased, kept or held by the petitioner or a minor child residing in the household.

Statute in Full:
An order of protection under section eight hundred forty-one of this part shall set forth
reasonable conditions of behavior to be observed for a period not in excess of two years by the
petitioner or respondent or for a period not in excess of five years upon (i) a finding by the
court on the record of the existence of aggravating circumstances as defined in paragraph (vii)
of subdivision (a) of section eight hundred twenty-seven of this article; or (ii) a finding by
the court on the record that the conduct alleged in the petition is in violation of a valid
order of protection. Any finding of aggravating circumstances pursuant to this section shall be
stated on the record and upon the order of protection. Any order of protection issued pursuant
to this section shall specify if an order of probation is in effect. Any order of protection
issued pursuant to this section may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of employment of any other party, the
other spouse, the other parent, or the child, and to stay away from any other specific location
designated by the court, provided that the court shall make a determination, and shall state
such determination in a written decision or on the record, whether to impose a condition
pursuant to this subdivision, provided further, however, that failure to make such a
determination shall not affect the validity of such order of protection. In making such
determination, the court shall consider, but shall not be limited to consideration of, whether
the order of protection is likely to achieve its purpose in the absence of such a condition,
conduct subject to prior orders of protection, prior incidents of abuse, extent of past or
present injury, threats, drug or alcohol abuse, and access to weapons;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation
agreement, to visit the child at stated periods;

(c) to refrain from committing a family offense, as defined in subdivision one of section eight
hundred twelve of this act, or any criminal offense against the child or against the other
parent or against any person to whom custody of the child is awarded, or from harassing,
intimidating or threatening such persons;

(d) to permit a designated party to enter the residence during a specified period of time in
order to remove personal belongings not in issue in this proceeding or in any other proceeding
or action under this act or the domestic relations law;

(e) to refrain from acts of commission or omission that create an unreasonable risk to the
health, safety or welfare of a child;

(f) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the
order of the person who is protected by such order if such order is issued or enforced;

(g) to require the respondent to participate in a batterer's education program designed to help
end violent behavior, which may include referral to drug and alcohol counselling, and to pay the
costs thereof if the person 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; and

(h) to provide, either directly or by means of medical and health insurance, for expenses
incurred for medical care and treatment arising from the incident or incidents forming the basis
for the issuance of the order.

(i) 1. to refrain from intentionally injuring or killing, without justification, any companion
animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a
minor child residing in the household.

2. “Companion animal”, as used in this section, shall have the same meaning as in
subdivision five of section three hundred fifty of the agriculture and markets law.

(j) to observe such other conditions as are necessary to further the purposes of protection.

The court may also award custody of the child, during the term of the order of protection to
either parent, or to an appropriate relative within the second degree. Nothing in this section
gives the court power to place or board out any child or to commit a child to an institution or
agency. The court may also upon the showing of special circumstances extend the order of
protection for a reasonable period of time.

Notwithstanding the provisions of section eight hundred seventeen of this article, where a
temporary order of child support has not already been issued, the court may in addition to the
issuance of an order of protection pursuant to this section, issue an order for temporary child
support in an amount sufficient to meet the needs of the child, without a showing of immediate
or emergency need. The court shall make an order for temporary child support notwithstanding
that information with respect to income and assets of the respondent may be unavailable. Where
such information is available, the court may make an award for temporary child support pursuant
to the formula set forth in subdivision one of section four hundred thirteen of this act.
Temporary orders of support issued pursuant to this article shall be deemed to have been issued
pursuant to section four hundred thirteen of this act.

Upon making an order for temporary child support pursuant to this subdivision, the court shall
advise the petitioner of the availability of child support enforcement services by the support
collection unit of the local department of social services, to enforce the temporary order and
to assist in securing continued child support, and shall set the support matter down for further
proceedings in accordance with article four of this act.

Where the court determines that the respondent has employer-provided medical insurance, the
court may further direct, as part of an order of temporary support under this subdivision, that
a medical support execution be issued and served upon the respondent's employer as provided for
in section fifty-two hundred forty-one of the civil practice law and rules.

In any proceeding in which an order of protection or temporary order of protection or a warrant
has been issued under this section, the clerk of the court shall issue to the petitioner and
respondent and his counsel and to any other person affected by the order a copy of the order of
protection or temporary order of protection and ensure that a copy of the order of protection or
temporary order of protection be transmitted to the local correctional facility where the
individual is or will be detained, the state or local correctional facility where the individual
is or will be imprisoned, and the supervising probation department or division of parole where
the individual is under probation or parole supervision.

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.

In addition to the foregoing provisions, the court may issue an order, pursuant to section two
hundred twenty-seven-c of the real property law, authorizing the party for whose benefit any
order of protection has been issued to terminate a lease or rental agreement pursuant to section
two hundred twenty-seven-c of the real property law.

CREDIT(S)

(L.1962, c. 686; amended L.1972, c. 761, § 1; L.1980, c. 532, § 1; L.1981, c. 416, § 17;
L.1981, c. 965, § 4; L.1984, c. 948, § 11; L.1988. c. 702, § 3; L.1988, c. 706, § 9; L.1994,
c. 222, § 22; L.1994, c. 224, § 3; L.1995, c. 483, §§ 11, 12; L.2003, c. 579, § 1, eff.
Oct. 22, 2003; L.2006, c. 253, § 6, eff. July 26, 2006; L.2007, c. 73, § 5, eff. Oct. 1, 2007;
L.2008, c. 56, pt. D, § 8, eff. April 23, 2008; L.2008, c. 326, § 9, eff. July 21, 2008.)