Authorizes the facsimile transmission or transmission by electronic means of orders of protection and temporary orders of protection

Section 2 of this bill would amend subdivision 3-a of section 240 of the domestic relations law by adding a new paragraph (b) permitting facsimile or electronic transmittal of orders of protection issued by supreme court in a matrimonial action involving children for the purpose of service of process by peace or police officers.

Section 3 of this bill would amend subdivision 3 of section 252 of the domestic relations law by adding a new subdivision ten permitting transmittal of orders of protection issued in a matrimonial action pursuant to the terms of subdivision 3-a of section 240 of the domestic relations law.

Existing law

Under the Family Court Act (FCA) and the Domestic Relations Law (DRL) each court that issues a temporary order of protection or an order of protection on default is required to deliver a copy of the same along with accompanying papers to a police or peace officer or designated police representative in New York City, for service of process, unless the beneficiary of the order indicates that he or she will arrange for some other means of service. Alternatively, a petitioner/plaintiff may bring the order and accompanying papers to the peace or police officer directly for service of process. The law requires that a police or peace officer, or designated police representative in New York City, in receipt of such an order must serve it along with any associated papers upon the respondent/defendant.

Justification

Chapter 330 of the Laws of 2007, that expires on July 1, 2010, authorized the Chief Administrator of the Courts, to promulgate court rules authorizing pilot projects in Albany, Erie, Monroe, Nassau, Onondaga, Westchester, Kings, New York and Richmond Counties for the transmittal of orders of protection by facsimile or other electronic means to local police agencies for service. This law was intended to enhance the effectiveness of procedures regulating service of orders of protection by providing courts with additional options to deliver orders to law enforcement for expeditious service of protective orders. This measure expands the program Statewide and makes it permanent. The Office of Court Administration supports this measure.

Since orders of protection are not enforceable until served, prompt service and notice of such orders to the respondent is critical to victim safety. Section 153-b of the Family Court Act and subdivision 3-a of section 240 of the Domestic Relations Law provide crucial assistance to litigants seeking temporary and final orders of protection by providing them the option of having peace and police officers serve the orders and accompanying papers upon receipt of such papers either by the court or by the victim. These provisions of the law have been amended in 1994 and 1995 to provide greater assurance that respondents or defendants in cases involving orders of protection are promptly notified of orders directed at their conduct. (see L. 1994 c. 46 and L. 1995 c. 429).

Service of an order of protection can be extremely challenging to accomplish for a victim of domestic violence. These litigants are often in the midst of serious emergencies, facing dangerous situations and lack the resources or wherewithal to accomplish the task without further endangering their safety. Respondents/Defendants often avoid service. Since effectuating service is a common challenge for victims, they are frequently forced to ask for multiple court adjournments in order to accomplish service of process. This can be demoralizing and can discourage them from pursuing protections because of failure to serve. Furthermore, prompt and reliable service of these orders is crucial to victim safety as the order must be served in order for it to be in effect and enforceable. The interests of domestic violence victims who rely on enforcement of orders of protection fur their safety are best served when courts are not limited in the means by which their orders can be delivered to law enforcement authorities responsible for service. This measure provides a fast and reliable way of delivering orders to law enforcement enabling them to discharge their duties expeditiously to enhance victim safety.

Legislative history

New bill, 2010.

Fiscal implications for state and local governments

None.

Effective date

Immediately.