What's happening
This bill expands court orders of protection to include payments for housing, compensation for losses, property possession, and asset restrictions.
Why it matters
Provides broader financial relief for protected parties. By allowing courts to order respondents to pay for housing costs, alternative accommodations, and a wide range of compensatory damages (including lost earnings, medical expenses, and pain and suffering), the bill addresses the practical and economic impacts victims often face after abusive incidents.
Enhances protection of personal property and assets. The bill enables courts to award possession of essential personal property (like vehicles, keys, and health insurance documentation) to protected individuals and can restrict respondents from transferring or encumbering jointly owned property, helping prevent retaliation or financial manipulation.
Addresses gaps in support obligations. New provisions only apply when support issues are not already resolved or being litigated elsewhere, ensuring the expanded orders serve as a safety net rather than duplicate existing proceedings.
Introduces flexible consent orders. Courts can issue orders of protection with these expanded remedies even when parties agree to an order without an admission of wrongdoing, making it easier to secure comprehensive protection and support in a broader range of cases.
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Who cares
People seeking orders of protection
The bill would let courts award compensation for incident-related losses, grant possession of personal property and require housing payments when specified support obligations and other conditions are met.
Respondents to orders of protection
Courts could require them to pay compensation and qualifying housing costs and bar them from transferring, encumbering or disposing of specified jointly owned or leased property.
Family Court and criminal court judges
The bill would expand available order-of-protection conditions and let Family Court issue a consent order containing authorized terms before issuing a consent order of protection without a finding of wrongdoing.
Crime Victims Board and parties that compensated petitioners
Courts could require respondents to reimburse them for compensation paid to or on behalf of petitioners.
Headline styles
Expand Order of Protection Powers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2082
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the family court act, in relation to orders of protection
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 530.12 of the criminal procedure law is amended by adding five new paragraphs (c), (c-1), (c-2), (c-3) and (c-4) to read as follows:
(c) to make or to continue to make rent or mortgage payments on a residence occupied by the person who is protected by such order if the respondent is found to have a duty to support the petitioner or other dependent household members provided that this issue has not been resolved or is not being litigated between the parties in another action;
(c-1) to pay the petitioner's rent or fees for housing services at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requires alternative housing due to the incident or incidents forming the basis for the issuance of the order;
(c-2) to pay monetary compensation for losses arising from the incident or incidents forming the basis for the issuance of the order; such order may require the respondent to pay the petitioner directly, to reimburse the crime victims board for any and all compensation paid directly to or on behalf of the petitioner, and may require that the respondent reimburse any parties that may have compensated the petitioner, as the court may determine. Compensatory losses shall include, but shall not be limited to, loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged, destroyed or taken, cost of counseling for the petitioner and/or dependent household member, moving or other travel
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04294-01-9
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expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering;
(c-3) to grant possession of specified personal property which shall include but shall not be limited to automobiles, checkbooks, keys, documentation of health insurance, other identification documentation and other personal effects;
(c-4) to prohibit the respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties;
§ 2. Subdivision 5 of section 530.12 of the criminal procedure law is amended by adding five new paragraphs (b-1), (b-2), (b-3), (b-4) and (b-5) to read as follows:
(b-1) to make or to continue to make rent or mortgage payments on a residence occupied by the person who is protected by such order if the respondent is found to have a duty to support the petitioner or other dependent household members provided that this issue has not been resolved or is not being litigated between the parties in another action;
(b-2) to pay the petitioner's rent or fees for housing services at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requires alternative housing due to the incident or incidents forming the basis for the issuance of the order;
(b-3) to pay monetary compensation for losses arising from the incident or incidents forming the basis for the issuance of the order; such order may require the respondent to pay the petitioner directly, to reimburse the crime victims board for any and all compensation paid directly to or on behalf of the petitioner, and may require that the respondent reimburse any parties that may have compensated the petitioner, as the court may determine. Compensatory losses shall include, but shall not be limited to, loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged, destroyed or taken, cost of counseling for the petitioner and/or dependent household member, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering;
(b-4) to grant possession of specified personal property which shall include but shall not be limited to automobiles, checkbooks, keys, documentation of health insurance, other identification documentation and other personal effects;
(b-5) to prohibit the respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties;
§ 3. Section 446 of the family court act is amended by adding five new subdivisions (f-1), (f-2), (f-3), (f-4) and (f-5) to read as follows:
(f-1) to make or to continue to make rent or mortgage payments on a residence occupied by the person who is protected by such order if the respondent is found to have a duty to support the petitioner or other dependent household members provided that this issue has not been resolved or is not being litigated between the parties in another action;
(f-2) to pay the petitioner's rent or fees for housing services at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requires alternative housing due to the incident or incidents forming the basis for the issuance of the order;
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(f-3) to pay monetary compensation for losses arising from the incident or incidents forming the basis for the issuance of the order; such order may require the respondent to pay the petitioner directly, to reimburse the crime victims board for any and all compensation paid directly to or on behalf of the petitioner, and may require that the respondent reimburse any parties that may have compensated the petitioner, as the court may determine. Compensatory losses shall include, but shall not be limited to, loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged, destroyed or taken, cost of counseling for the petitioner and/or dependent household member, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering;
(f-4) to grant possession of specified personal property which shall include but shall not be limited to automobiles, checkbooks, keys, documentation of health insurance, other identification documentation and other personal effects;
(f-5) to prohibit the respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties;
§ 4. Section 656 of the family court act is amended by adding five new subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
(g-1) to make or to continue to make rent or mortgage payments on a residence occupied by the person who is protected by such order if the respondent is found to have a duty to support the petitioner or other dependent household members provided that this issue has not been resolved or is not being litigated between the parties in another action;
(g-2) to pay the petitioner's rent or fees for housing services at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requires alternative housing due to the incident or incidents forming the basis for the issuance of the order;
(g-3) to pay monetary compensation for losses arising from the incident or incidents forming the basis for the issuance of the order; such order may require the respondent to pay the petitioner directly, to reimburse the crime victims board for any and all compensation paid directly to or on behalf of the petitioner, and may require that the respondent reimburse any parties that may have compensated the petitioner, as the court may determine. Compensatory losses shall include, but shall not be limited to, loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged, destroyed or taken, cost of counseling for the petitioner and/or dependent household member, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering;
(g-4) to grant possession of specified personal property which shall include but shall not be limited to automobiles, checkbooks, keys, documentation of health insurance, other identification documentation and other personal effects;
(g-5) to prohibit the respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties;
§ 5. Section 842 of the family court act is amended by adding five new subdivisions (g-1), (g-2), (g-3), (g-4) and (g-5) to read as follows:
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(g-1) to make or to continue to make rent or mortgage payments on a residence occupied by the person who is protected by such order if the respondent is found to have a duty to support the petitioner or other dependent household members provided that this issue has not been resolved or is not being litigated between the parties in another action;
(g-2) to pay the petitioner's rent or fees for housing services at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requires alternative housing due to the incident or incidents forming the basis for the issuance of the order;
(g-3) to pay monetary compensation for losses arising from the incident or incidents forming the basis for the issuance of the order; such order may require the respondent to pay the petitioner directly, to reimburse the crime victims board for any and all compensation paid directly to or on behalf of the petitioner, and may require that the respondent reimburse any parties that may have compensated the petitioner, as the court may determine. Compensatory losses shall include, but shall not be limited to, loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged, destroyed or taken, cost of counseling for the petitioner and/or dependent household member, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering;
(g-4) to grant possession of specified personal property which shall include but shall not be limited to automobiles, checkbooks, keys, documentation of health insurance, other identification documentation and other personal effects;
(g-5) to prohibit the respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties;
§ 6. Subdivision 1 of section 1056 of the family court act is amended by adding five new paragraphs (e-1), (e-2), (e-3), (e-4) and (e-5) to read as follows:
(e-1) to make or to continue to make rent or mortgage payments on a residence occupied by the person who is protected by such order if the respondent is found to have a duty to support the petitioner or other dependent household members provided that this issue has not been resolved or is not being litigated between the parties in another action;
(e-2) to pay the petitioner's rent or fees for housing services at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requires alternative housing due to the incident or incidents forming the basis for the issuance of the order;
(e-3) to pay monetary compensation for losses arising from the incident or incidents forming the basis for the issuance of the order; such order may require the respondent to pay the petitioner directly, to reimburse the crime victims board for any and all compensation paid directly to or on behalf of the petitioner, and may require that the respondent reimburse any parties that may have compensated the petitioner, as the court may determine. Compensatory losses shall include, but shall not be limited to, loss of earnings or other support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged, destroyed or taken, cost of counseling for the petitioner and/or dependent household member, moving or other travel
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expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering;
(e-4) to grant possession of specified personal property which shall include but shall not be limited to automobiles, checkbooks, keys, documentation of health insurance, other identification documentation and other personal effects;
(e-5) to prohibit the respondent from transferring, encumbering or otherwise disposing of specified property mutually owned or leased by the parties;
§ 7. The family court act is amended by adding a new section 842-b to read as follows:
§ 842-b. Order on consent. The court may, prior to issuing an order of protection on consent of the parties without a finding of wrongdoing, impose an order on consent of such parties which contains such terms and conditions as are authorized under section eight hundred forty-two of this part.
§ 8. This act shall take effect on the sixtieth day after it shall have become a law.
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