All you Need to Know about New York Orders of Protection. Audrey E. Stone, Esq. Chief Counsel

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Eileen Hodges
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1 All you Need to Know about New York Orders of Protection Audrey E. Stone, Esq. Chief Counsel

2 Who Is Entitled to an Order of Protection: Victims or designated witnesses to an alleged offense in Criminal Court and Family Court Proceedings

3 Family and Non- Family Offense Orders of Protections Any crime occurring between members of the same family or household and also including those who are or have been in an intimate relationship or who have a child in common

4 Why does it matter? Domestic Violence Registry Sharing of information with law enforcement Federal databases for firearm purchases

Do Orders of Protection Work? A study conducted by National Institute of Justice revealed Orders of Protection deter further violence and increase victim safety.

6 Do Orders of Protection Work? A study conducted by National Institute of Justice revealed Orders of Protection deter further violence and increase victim safety. Specifically, in 50 percent of the cases studied, victims experienced considerably less abuse and were in less fear of abuse after obtaining an order or protection, even where there were violations of the order. Logan, T.K., R. Walker, W. Hoyt, T. Faragher, The Kentucky Civil Protective Order Study: A Rural and Urban Multiple Perspective Study of Protective Order Violation Consequences, Responses, and Costs (pdf, 183 pages), Final report to the National Institute of Justice, 2009, NCJ

7 Criminal vs. Family Court

Orders of Protection in Criminal Matters Felonies: Up to 8 years (except Sex Offenses with a Probation Sentence are up to 10 years) A Misdemeanors: Up to 5 years (except Sex

8 Orders of Protection in Criminal Matters Felonies: Up to 8 years (except Sex Offenses with a Probation Sentence are up to 10 years) A Misdemeanors: Up to 5 years (except Sex Offenses in which probation is ordered which are 6) B Misdemeanors and Violation: Up to 2 years ACD: Up to 6 months for a non family offense Up to 1 year for a family offense

9 New York Family Court Ex parte application Service Formal Appearance Hearing and Disposition

Remote filing and appearances Family court act 153 C permits the filing of ex parte petitions for orders of protection electronically and appearance

10 Remote filing and appearances Family court act 153 C permits the filing of ex parte petitions for orders of protection electronically and appearance electronically Standard: traveling to or appearing in the courthouse would constitute an undue hardship, or create a risk of harm to the petitioner.

11 Orders of Protection in Family Court Matters Generally, orders of protection issued under Article 8 of the FCA must not exceed 2 years. However, upon a finding of aggravating circumstances or upon a finding that there has been a violation of a valid order of protection, an order of protection may not exceed of 5years

12 Orders of Protection in Supreme Court Matters Motion or Order to Show Cause Order of protection can remain in effect during the minority of children subject to custody or visitation order

13 Unintended Consequences for Unclear Orders

14 Avoiding Conflicting Orders Pay attention to the language on the form IT IS HEREBY ORDERED that the above named defendant observe the following conditions of behavior: [Check applicable paragraphs and subparagraphs]: [01] Stay away from [A] [name(s) of protected person(s) or witness(es)]: and/or from the [B] home of, [C] school of, [D] business of, [E] place of employment of, [F] other ; Except for contact, communication or access permitted by a subsequent order issued by a family or supreme court in a custody, visitation or child abuse or neglect proceeding.

15 Another Option [05] Permit [specify individual(s)]:, entitled by a court order or separation or other written agreement, to visit with [specify child(ren)]: during the following periods of time [specify]:, under the following terms and conditions [specify]: ; Use where the Court is aware of and has a copy of an existing, written Family or Supreme Court Order which is acceptable to the Court.

16 Out-of-State Orders of Protection 18 USC 2265 and FCA 154-e

Firearms and Orders of Protection Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, including, but not limited

17 Firearms and Orders of Protection Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, including, but not limited to, the following and do not obtain any further guns or other firearms. Such surrender shall take place immediately, but in no event later than [specify date/time]: at:.

rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they are on duty); and

18 Respondents/Defendants in possession of a firearm can be subjected to federal prosecution. It is a federal crime to: cross state lines to violate this Order or to stalk, harass or commit domestic violence against an intimate partner or family member; buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they are on duty); and buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition after a conviction of a domestic violence related crime involving the use or attempted use of physical force or a deadly weapon against an intimate partner or family member, even after this Order has expired. (18 U.S.C. 922(g)(8), 922(g)(9), 2261, 2261A, 2262).

19 An Order of Protection is NOT equal to a search warrant for weapons

00, is hereby [ 13A] suspended or [13B] revoked (note: final order only), and/or [13C] the Defendant

20 Order Suspension or Revocation IT IS FURTHER ORDERED that the above named Defendant's license to carry, possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Penal Law , is hereby [ 13A] suspended or [13B] revoked (note: final order only), and/or [13C] the Defendant shall remain ineligible to receive a firearm license during the period of this order. (Check all applicable boxes).

Orders of Protection & Pistol Permit Licenses Mandatory and Permissive Suspension and Revocation Various Factors that Courts consider: Prior violent felony conviction; Prior conviction for stalking;

21 Orders of Protection & Pistol Permit Licenses Mandatory and Permissive Suspension and Revocation Various Factors that Courts consider: Prior violent felony conviction; Prior conviction for stalking; Previous willful failure to obey an Order of Protection during which injury was inflicted, a violent crime was committed or a deadly weapon or dangerous instrument was used or threatened. (CPL and FCA 842-a)

22 Adjourned

NC General Statutes - Chapter 14 Article 52A 1

NC General Statutes - Chapter 14 Article 52A 1 Article 52A. Sale of Weapons in Certain Counties. 14-402. Sale of certain weapons without permit forbidden. (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or