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NY A08393

Bill

Status

Passed

8/13/2010

Primary Sponsor

Susan John

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Courts cannot deny or dismiss orders of protection solely because alleged acts or events are not relatively contemporaneous with the application date or conclusion of the action in family court proceedings under Articles 4, 5, 6, 8, and 10 of the Family Court Act and Domestic Relations Law Section 240.

  • Duration of any temporary order of protection cannot by itself be a factor in determining whether to issue or the length of any final order of protection.

  • Applies to support proceedings, paternity proceedings, termination of parental rights proceedings, person in need of supervision (PINS) proceedings, family offense proceedings, and child protective proceedings.

  • Amends Family Court Act Section 812 to clarify that courts cannot deny orders of protection in family offense proceedings based solely on lack of temporal proximity between alleged conduct and the petition date.

  • Takes effect immediately and applies to all orders of protection pending or entered on or after the effective date.

Legislative Description

Provides that orders of protection shall not be denied, in support proceedings, paternity proceedings, termination of parental rights proceedings, person in need of supervision proceedings, family offense proceedings and child protective proceedings, solely on the basis that the events alleged are not contemporaneous with the application therefor or the conclusion of the action.

Last Action

signed chap.341

8/13/2010

Committee Referrals

Codes3/16/2010
Rules6/11/2009
Rules6/2/2009
Codes5/26/2009
Judiciary5/19/2009

Full Bill Text

No bill text available