What's happening
This bill allows county probation departments to request temporary orders of protection during the family court adjustment process.
Why it matters
Expands who can request protection. By allowing county probation departments—not just the presentment agency—to seek temporary orders of protection, the bill could provide earlier protection for families and individuals during the pre-court adjustment process.
Addresses safety during early intervention. The adjustment process is often used as an alternative to formal court proceedings for juveniles. This bill enables protective measures to be put in place even during these pre-petition stages, potentially reducing risks or intimidation for involved parties.
May encourage participation in adjustment. Knowing that temporary protection can be requested may make victims or witnesses (such as family members) more willing to engage in the adjustment process, supporting alternatives to formal prosecution and promoting restorative justice.
Could impact case outcomes. Early access to protection orders might influence both the safety and the behavior of juveniles and families during adjustment, possibly affecting whether cases are resolved informally or proceed to court.
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Who cares
Headline styles
Expand Temporary Protection Orders
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Referred to children and families
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
191
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. MARTINEZ, ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the family court act, in relation to temporary 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 304.2 of the family court act, as added by chapter 683 of the laws of 1984, is amended to read as follows:
(1) Upon application by the presentment agency, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, pursuant to section 305.1 or 305.2 or upon the issuance of an appearance ticket pursuant to section 307.1 or upon the filing of a petition pursuant to section 310.1 or upon application of the county probation department as a part of the adjustment process pursuant to CFR 204.31 and section 205.31 of the uniform rules for the family court.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00507-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act, in relation to temporary orders of protection
Purpose
The purpose of this bill is to allow for an application for a temporary order of protection by the county probation department in the adjustment process.
Summary of provisions
Section 1. Section 304.2 of the family court act, as added by chapter 683 of the laws of 1984 is amended to provide the county probation department with the ability to apply for a temporary order of protection as part of the adjustment process pursuant to CFR 204.31 and section 205.31 of the uniform rules for the family court.
Section 2. Is the enacting clause
Justification
The Juvenile Delinquent Diversion process is an effort to avoid court intervention for youth. This is typically applied to what are considered low-level offenses including but not limited to graffiti, petit larceny, and trespassing. Diversion programs utilize other resources such as counseling, youth court, mediation, substance abuse treatment services, etc. Currently, when an order of protection is sought, the respondent (the youth) must appear in court. This bill would allow for the applica- tion of a temporary order of protection by the county probation depart- ment, and further provide a Family Court Judge with the discretion to issue such temporary order of protection, during the adjustment process. This alleviates the requirement of the youth offender appearing in court, which is in alignment with the diversion mechanism.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.