Provides that communications or contact between protected parties with a party against whom an order of protection is issued shall not affect the validity of such order

Summary of provisions

The bill amends sections of the Domestic Relations Law, Family Court Act. and the Criminal Procedure Law to clarify that the protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate an order issued in his or her favor and that such protected party may not. be arrested for violating such an order. The bill also amends sections of the Domestic Relations Law, Family Court Act and the Criminal Procedure Law to include a notice in orders of protection that makes it clear that. the order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the restrained party and that the protected party cannot be held to violate an order issued in his/her favor nor can such party be arrested for violating such an order.

Justification

Presently in New York State, an Order of Protection issued in response to domestic violence may require an abuser to abide by various conditions aimed to protect the safety of the victim of abuse. These conditions may include directing the abusive (restrained) party to vacate the victim's (protected party's) home, stay away from the victim and/or refrain from contacting the victim in any way subject to the terms of court orders of visitation and custody. If abusers violate this order, they are on notice that. they will be arrested and will face criminal penalties. Victims of family offenses granted orders of protection in their favor are being charged criminally For violating their own orders of protection. If victims have or consent to have contact with their abusers in any way, or if the abusers are back in the home despite the direction to stay away from their victim, under this practice of prosecuting the victim, victims are being arrested and prosecuted for violating the terms of their own order of protection, contacting their abuser or aiding and abetting the abuser to violate their own protective order. In addition, some family court judges and referees are discouraging victims from obtaining protections that they are entitled to under the law by warning victims that they can be prosecuted for violating orders of protection issued in their favor.

Aside from the due process concerns that such a practice of prosecuting the victim raises, charging victims of domestic abuse with violating their own protective orders is contrary to the intent

and purpose of orders of protection and domestic violence legislation. Orders of protection in domestic abuse cases are intended to protect. victims from their abusers, not to prosecute the victim.

Orders of protection are critical to enhancing safety for victims of domestic abuse. A practice of prosecuting or otherwise penalizing the victim decreases victim safety by shilling responsibility for violence away from abusers, emboldening abusers, deterring victims from calling the police when abusers violate an order of protection and discouraging victims from seeking legal protection from the courts.

This measure will protect victims of domestic abuse my making it clear that the protected party cannot be held to violate orders of protection issued in their favor.

Legislative history

New bill, 2013. None.

Effective date

Immediately and shall apply to all orders of protection regardless of when such orders are issued, except for sections of the bill that require addition of a notice on the order of protection, which sections shall be effective on the sixtieth day after the act becomes law and shall apply to orders issued on or after such effective date.