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

1 Co-sponsor

• Marc Panepinto

Title of bill

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

Purpose or general idea of bill

Enacts the "Domestic Violence Reform Act" and extends the period of time for orders of protection in cases of domestic violence to five years for family court and ten years for criminal court.

Summary of specific provisions

This bill amends section 842 of the family court act, subdivision 1 of section 1056 of the family court act and subdivision 3 of section 240 of the domestic relations law to extend the order of protection to a period of no less than five years in cases involving domestic violence.

The bill also amends subdivision 5 of section 530.12 of the criminal procedure law and subdivision 5 of section 530.12 of the criminal procedure law to extend the order of protection to a period of no less than ten years in cases involving domestic violence.

Justification

In order to ensure the safety of victims of domestic violence, it is critical that restraining orders are structured to provide sufficient security in terms of the time protected. In the past, restraining orders have been time limited, and by providing judges with the flexibility to ensure that the time of the restraining order will protect the victim is essential. Therefore, sentencing should at a minimum require five years protection if awarded by a family court judge and ten years protection if awarded by a criminal court judge.

Prior legislative history

2011-2012: A.7367 - Referred to Judiciary 2013-14: S.4393 REFERRED TO CHILDREN AND FAMILIES

Fiscal implications

None.

Effective date

Immediately.