Family Court Law

Part 4 - Article 8 - Family Court

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  S 841. Orders  of  disposition. At the conclusion of a dispositional
  hearing under this article, the court may enter an order:
    (a) dismissing the petition, if the allegations of  the  petition  are
  not established; or
    (b) suspending judgment for a period not in excess of six months; or
    (c) placing the respondent on probation for a period not exceeding one
  year,  and requiring respondent to participate in a batterer's education
  program designed  to  help  end  violent  behavior,  which  may  include
  referral to drug and alcohol counseling, and to pay the costs thereof if
  respondent  has  the  means  to  do  so,  provided  however that nothing
  contained herein shall be deemed to require payment of the costs of  any
  such  program  by the petitioner, the state or any political subdivision
  thereof; or
    (d) making an order of protection in accord with section eight hundred
  forty-two of this part; or
    (e) directing payment of restitution in an amount not  to  exceed  ten
  thousand  dollars.  An  order  of restitution may be made in conjunction
  with any order of disposition authorized under subdivisions (b), (c), or
  (d) of this section. In no case shall an order of restitution be  issued
  where  the  court  determines  that the respondent has already paid such
  restitution  as  part  of  the  disposition  or  settlement  of  another
  proceeding  arising  from  the  same act or acts alleged in the petition
  before the court.
    No order of protection may direct any party to observe  conditions  of
  behavior  unless the party requesting the order of protection has served
  and filed a petition or counter-claim in  accordance  with  section  one
  hundred fifty-four-b of this act. Nothing in this section shall preclude
  the  issuance  of  a temporary order of protection ex parte, pursuant to
  section eight hundred twenty-eight of this article.
    Nothing in this section shall preclude the issuance of both  an  order
  of  probation  and  an  order  of  protection  as  part  of the order of
  disposition.
    Notwithstanding the foregoing provisions, an order of  protection,  or
  temporary order of protection where applicable, may be entered against a
  former  spouse  and  persons  who  have a child in common, regardless of
  whether such persons have been married or have  lived  together  at  any
  time,  or against a member of the same family or household as defined in
  subdivision one of section eight hundred twelve of this article.

  S 842. Order of protection. An order of protection under section eight
  hundred  forty-one of this part shall set forth reasonable conditions of
  behavior to be observed for a period not in excess of two years  by  the
  petitioner  or  respondent  or  for a period not in excess of five years
  upon (i) a finding by the court  on  the  record  of  the  existence  of
  aggravating  circumstances  as defined in paragraph (vii) of subdivision
  (a) of section eight hundred twenty-seven of this  article;  or  (ii)  a
  finding  by  the  court  on  the  record that the conduct alleged in the
  petition is in violation of a valid order of protection. Any finding  of
  aggravating  circumstances  pursuant  to this section shall be stated on
  the record and upon the order of protection. The court  may  also,  upon
  motion,  extend  the order of protection for a reasonable period of time
  upon a showing of good cause or consent of the parties.  The  fact  that
  abuse  has  not  occurred  during the pendency of an order shall not, in
  itself, constitute sufficient ground for denying or  failing  to  extend
  the  order.  The  court  must articulate a basis for its decision on the
  record. The duration of any temporary order shall not  by  itself  be  a
  factor  in  determining  the  length or issuance of any final order. Any
  order of protection issued pursuant to this section shall specify if  an
  order of probation is in effect. Any order of protection issued pursuant
  to this section may require the petitioner or the respondent:
    (a)  to  stay  away  from  the  home,  school,  business  or  place of
  employment of any other party, the other spouse, the  other  parent,  or
  the  child, and to stay away from any other specific location designated
  by the court, provided that the court shall make  a  determination,  and
  shall  state  such determination in a written decision or on the record,
  whether to impose a condition pursuant  to  this  subdivision,  provided
  further,  however,  that  failure to make such a determination shall not
  affect the  validity  of  such  order  of  protection.  In  making  such
  determination,  the  court  shall  consider, but shall not be limited to
  consideration of, whether the order of protection is likely  to  achieve
  its purpose in the absence of such a condition, conduct subject to prior
  orders  of  protection,  prior  incidents  of  abuse,  extent of past or
  present injury, threats, drug or alcohol abuse, and access to weapons;
    (b) to permit a parent, or a person entitled to visitation by a  court
  order or a separation agreement, to visit the child at stated periods;
    (c)  to  refrain  from  committing  a  family  offense,  as defined in
  subdivision one of section eight hundred twelve  of  this  act,  or  any
  criminal  offense  against  the  child  or  against  the other parent or
  against any person to whom custody of the  child  is  awarded,  or  from
  harassing, intimidating or threatening such persons;
    (d)  to  permit  a  designated  party  to enter the residence during a
  specified period of time in order to remove personal belongings  not  in
  issue in this proceeding or in any other proceeding or action under this
  act or the domestic relations law;
    (e)  to  refrain  from  acts  of commission or omission that create an
  unreasonable risk to the health, safety or welfare of a child;
    (f) to pay the reasonable counsel fees and disbursements  involved  in
  obtaining  or enforcing the order of the person who is protected by such
  order if such order is issued or enforced;
    (g) to require the respondent to participate in a batterer's education
  program designed  to  help  end  violent  behavior,  which  may  include
  referral  to  drug and alcohol counselling, and to pay the costs thereof
  if the person has the means to do  so,  provided  however  that  nothing
  contained  herein shall be deemed to require payment of the costs of any
  such program by the petitioner, the state or any  political  subdivision
  thereof;
    (h)  to  provide,  either  directly  or by means of medical and health
  insurance, for expenses incurred for medical care and treatment  arising
  from the incident or incidents forming the basis for the issuance of the
  order;
    (i)  1.  to  refrain  from  intentionally injuring or killing, without
  justification, any companion animal the respondent knows  to  be  owned,
  possessed,  leased,  kept  or  held  by  the petitioner or a minor child
  residing in the household.
    2. "Companion animal", as used in this section, shall  have  the  same
  meaning  as  in  subdivision  five of section three hundred fifty of the
  agriculture and markets law;
    (j) 1. to promptly return specified identification  documents  to  the
  protected  party,  in  whose  favor the order of protection or temporary
  order of protection is issued; provided, however, that such  order  may:
  (A)  include  any appropriate provision designed to ensure that any such
  document is available for  use  as  evidence  in  this  proceeding,  and
  available if necessary for legitimate use by the party against whom such
  order  is  issued; and (B) specify the manner in which such return shall
  be accomplished.
    2. For purposes of this subdivision, "identification  document"  shall
  mean  any of the following: (A) exclusively in the name of the protected
  party:  birth  certificate,  passport,  social  security  card,   health
  insurance  or  other  benefits  card,  a card or document used to access
  bank, credit or other financial accounts or records,  tax  returns,  any
  driver's license, and immigration documents including but not limited to
  a  United  States  permanent  resident card and employment authorization
  document; and (B) upon motion and after notice and an opportunity to  be
  heard,  any of the following, including those that may reflect joint use
  or  ownership,  that  the  court  determines  are  necessary   and   are
  appropriately  transferred  to the protected party: any card or document
  used to access bank, credit or other financial accounts or records,  tax
  returns, and any other identifying cards and documents; and
    (k)  to  observe such other conditions as are necessary to further the
  purposes of protection.
    The court may also award custody of the child, during the term of  the
  order  of  protection  to  either  parent, or to an appropriate relative
  within the second degree. Nothing in this section gives the court  power
  to  place  or board out any child or to commit a child to an institution
  or agency.
    Notwithstanding the provisions of section eight hundred  seventeen  of
  this  article,  where a temporary order of child support has not already
  been issued, the court may in addition to the issuance of  an  order  of
  protection  pursuant to this section, issue an order for temporary child
  support in an amount sufficient to meet the needs of the child,  without
  a  showing of immediate or emergency need. The court shall make an order
  for  temporary  child  support  notwithstanding  that  information  with
  respect to income and assets of the respondent may be unavailable. Where
  such information is available, the court may make an award for temporary
  child  support  pursuant  to the formula set forth in subdivision one of
  section four hundred thirteen of this act. Temporary orders  of  support
  issued  pursuant  to  this  article  shall be deemed to have been issued
  pursuant to section four hundred thirteen of this act.
    Upon making an order for temporary  child  support  pursuant  to  this
  subdivision,  the  court shall advise the petitioner of the availability
  of child support enforcement services by the support collection unit  of
  the  local department of social services, to enforce the temporary order
  and to assist in securing continued child support,  and  shall  set  the
  support  matter  down for further proceedings in accordance with article
  four of this act.
    Where  the  court determines that the respondent has employer-provided
  medical insurance, the court may further direct, as part of an order  of
  temporary  support  under  this  subdivision,  that  a  medical  support
  execution be  issued  and  served  upon  the  respondent's  employer  as
  provided  for  in  section  fifty-two  hundred  forty-one  of  the civil
  practice law and rules.
    In any proceeding in which an order of protection or  temporary  order
  of protection or a warrant has been issued under this section, the clerk
  of  the  court  shall  issue  to  the  petitioner and respondent and his
  counsel and to any other person affected by the  order  a  copy  of  the
  order  of  protection or temporary order of protection and ensure that a
  copy of the order of protection or  temporary  order  of  protection  be
  transmitted  to  the local correctional facility where the individual is
  or will be detained, the state or local correctional facility where  the
  individual  is  or  will  be  imprisoned,  and the supervising probation
  department or the department of corrections  and  community  supervision
  where the individual is under probation or parole supervision.
    Notwithstanding  the  foregoing provisions, an order of protection, or
  temporary order of protection where applicable, may be entered against a
  former spouse and persons who have a  child  in  common,  regardless  of
  whether  such  persons  have  been married or have lived together at any
  time, or against a member of the same family or household as defined  in
  subdivision one of section eight hundred twelve of this article.
    In addition to the foregoing provisions, the court may issue an order,
  pursuant to section two hundred twenty-seven-c of the real property law,
  authorizing the party for whose benefit any order of protection has been
  issued  to terminate a lease or rental agreement pursuant to section two
  hundred twenty-seven-c of the real property law.
    The protected  party  in  whose  favor  the  order  of  protection  or
  temporary  order  of  protection is issued may not be held to violate an
  order issued in his or  her  favor  nor  may  such  protected  party  be
  arrested for violating such order.

  S 842A. Suspension  and  revocation of a license to carry, possess,
  repair or dispose of a firearm or firearms pursuant to section 400.00 of
  the penal law and ineligibility for such a license; order  to  surrender
  firearms.
    1. Suspension of firearms license and ineligibility for such a license
  upon  the  issuance  of  a  temporary  order  of  protection. Whenever a
  temporary order of  protection  is  issued  pursuant  to  section  eight
  hundred twenty-eight of this article, or pursuant to article four, five,
  six, seven or ten of this act:
    (a) the court shall suspend any such existing license possessed by the
  respondent,  order  the  respondent  ineligible  for such a license, and
  order the immediate surrender pursuant to subparagraph (f) of  paragraph
  one  of  subdivision  a of section 265.20 and subdivision six of section
  400.05 of the penal law, of any or all firearms owned or possessed where
  the court receives information  that  gives  the  court  good  cause  to
  believe  that:  (i) the respondent has a prior conviction of any violent
  felony offense as defined in section 70.02 of the penal  law;  (ii)  the
  respondent  has previously been found to have willfully failed to obey a
  prior order of protection and such  willful  failure  involved  (A)  the
  infliction of physical injury, as defined in subdivision nine of section
  10.00 of the penal law, (B) the use or threatened use of a deadly weapon
  or  dangerous  instrument  as  those  terms  are defined in subdivisions
  twelve and thirteen of section 10.00 of the penal law, or  (C)  behavior
  constituting  any  violent felony offense as defined in section 70.02 of
  the penal law; or (iii)  the  respondent  has  a  prior  conviction  for
  stalking  in  the first degree as defined in section 120.60 of the penal
  law, stalking in the second degree as defined in section 120.55  of  the
  penal  law, stalking in the third degree as defined in section 120.50 of
  the penal law or stalking in the fourth degree  as  defined  in  section
  120.45 of such law; and
    (b)  the court shall where the court finds a substantial risk that the
  respondent may use or threaten to use a firearm unlawfully  against  the
  person or persons for whose protection the temporary order of protection
  is   issued,   suspend  any  such  existing  license  possessed  by  the
  respondent, order the respondent ineligible  for  such  a  license,  and
  order  the immediate surrender pursuant to subparagraph (f) of paragraph
  one of subdivision a of section 265.20 and subdivision  six  of  section
  400.05 of the penal law, of any or all firearms owned or possessed.
    2.  Revocation or suspension of firearms license and ineligibility for
  such a license upon the issuance of an order of protection. Whenever  an
  order  of  protection  is  issued  pursuant  to  section  eight  hundred
  forty-one of this part, or pursuant to article four, five, six, seven or
  ten of this act:
    (a) the court shall revoke any such existing license possessed by  the
  respondent,  order  the  respondent  ineligible  for such a license, and
  order the immediate surrender pursuant to subparagraph (f) of  paragraph
  one  of  subdivision  a of section 265.20 and subdivision six of section
  400.05 of the penal law, of any or all firearms owned or possessed where
  the court finds that the conduct which resulted in the issuance  of  the
  order  of  protection involved (i) the infliction of physical injury, as
  defined in subdivision nine of section 10.00 of the penal law, (ii)  the
  use  or  threatened  use  of  a deadly weapon or dangerous instrument as
  those terms are defined in subdivisions twelve and thirteen  of  section
  10.00  of  the  penal  law,  or  (iii) behavior constituting any violent
  felony offense as defined in section 70.02 of the penal law; and
    (b) the court shall, where the court finds a substantial risk that the
  respondent may use or threaten to use a firearm unlawfully  against  the
  person  or  persons  for  whose  protection  the  order of protection is
  issued,  (i)  revoke  any  such  existing  license  possessed   by   the
  respondent, order the respondent ineligible for such a license and order
  the immediate surrender pursuant to subparagraph (f) of paragraph one of
  subdivision a of section 265.20 and subdivision six of section 400.05 of
  the penal law, of any or all firearms owned or possessed or (ii) suspend
  or  continue  to  suspend  any  such  existing  license possessed by the
  respondent, order the respondent ineligible  for  such  a  license,  and
  order  the immediate surrender pursuant to subparagraph (f) of paragraph
  one of subdivision a of section 265.20 and subdivision  six  of  section
  400.05 of the penal law, of any or all firearms owned or possessed.
    3.  Revocation or suspension of firearms license and ineligibility for
  such a license upon a finding of a willful failure to obey an  order  of
  protection  or  temporary order of protection. Whenever a respondent has
  been found, pursuant to section eight hundred forty-six-a of  this  part
  to  have  willfully  failed  to obey an order of protection or temporary
  order of  protection  issued  pursuant  to  this  act  or  the  domestic
  relations  law, or by this court or by a court of competent jurisdiction
  in another state, territorial or tribal jurisdiction, in addition to any
  other remedies available pursuant to section eight  hundred  forty-six-a
  of this part:
    (a)  the court shall revoke any such existing license possessed by the
  respondent, order the respondent ineligible  for  such  a  license,  and
  order  the immediate surrender pursuant to subparagraph (f) of paragraph
  one of subdivision a of section 265.20 and subdivision  six  of  section
  400.05 of the penal law, of any or all firearms owned or possessed where
  the  willful  failure  to obey such order involves (i) the infliction of
  physical injury, as defined in subdivision nine of section 10.00 of  the
  penal  law,  (ii)  the  use  or  threatened  use  of  a deadly weapon or
  dangerous instrument as those terms are defined in  subdivisions  twelve
  and  thirteen  of  section  10.00  of  the  penal law, or (iii) behavior
  constituting any violent felony offense as defined in section  70.02  of
  the  penal  law;  or  (iv)  behavior  constituting stalking in the first
  degree as defined in section 120.60 of the penal law,  stalking  in  the
  second degree as defined in section 120.55 of the penal law, stalking in
  the  third  degree  as  defined  in  section  120.50 of the penal law or
  stalking in the fourth degree as defined in section 120.45 of such  law;
  and
    (b)  the court shall where the court finds a substantial risk that the
  respondent may use or threaten to use a firearm unlawfully  against  the
  person  or  persons  for  whose  protection  the order of protection was
  issued,  (i)  revoke  any  such  existing  license  possessed   by   the
  respondent,  order the respondent ineligible for such a license, whether
  or not the respondent possesses such a license, and order the  immediate
  surrender pursuant to subparagraph (f) of paragraph one of subdivision a
  of  section  265.20  and  subdivision six of section 400.05 of the penal
  law, of any or all firearms owned or possessed or (ii) suspend any  such
  existing  license  possessed  by  the  respondent,  order the respondent
  ineligible for such a license, and order the immediate surrender of  any
  or all firearms owned or possessed.
    4.  Suspension.  Any  suspension order issued pursuant to this section
  shall remain in effect for  the  duration  of  the  temporary  order  of
  protection  or  order  of  protection, unless modified or vacated by the
  court.
    5. Surrender. (a) Where an order to surrender one or more firearms has
  been issued, the temporary order of protection or  order  of  protection
  shall  specify the place where such firearms shall be surrendered, shall
  specify a date and time by which the surrender shall be  completed  and,
  to  the  extent possible, shall describe such firearms to be surrendered
  and shall direct the authority receiving such  surrendered  firearms  to
  immediately notify the court of such surrender.
    (b)  The  prompt surrender of one or more firearms pursuant to a court
  order issued pursuant this  section  shall  be  considered  a  voluntary
  surrender   for  purposes  of  subparagraph  (f)  of  paragraph  one  of
  subdivision a of section 265.20 of the penal law. The disposition of any
  such firearms shall be in accordance with the provisions of  subdivision
  six of section 400.05 of the penal law.
    (c)  The  provisions  of  this  section  shall not be deemed to limit,
  restrict or otherwise impair the authority of the  court  to  order  and
  direct  the surrender of any or all pistols, revolvers, rifles, shotguns
  or other firearms owned or possessed by a respondent  pursuant  to  this
  act.
    6.   Notice.   (a)   Where  an  order  of  revocation,  suspension  or
  ineligibility has been issued pursuant to this  section,  any  temporary
  order  of protection or order of protection issued shall state that such
  firearm license has been suspended or revoked or that the respondent  is
  ineligible for such license, as the case may be.
    (b)  The  court  revoking  or  suspending  the  license,  ordering the
  respondent ineligible for such license, or ordering the surrender of any
  firearm shall immediately notify the statewide  registry  of  orders  of
  protection  and  the duly constituted police authorities of the locality
  of such action.
    (c) The court revoking or  suspending  the  license  or  ordering  the
  defendant  ineligible for such license shall give written notice thereof
  without unnecessary delay to the division of state police at its  office
  in the city of Albany.
    (d)  Where  an  order  of  revocation,  suspension,  ineligibility, or
  surrender is modified or vacated, the court shall immediately notify the
  statewide registry of orders of  protection  and  the  duly  constituted
  police authorities of the locality concerning such action and shall give
  written  notice  thereof  without  unnecessary  delay to the division of
  state police at its office in the city of Albany.
    7. Hearing. The respondent shall have the right to  a  hearing  before
  the   court  regarding  any  revocation,  suspension,  ineligibility  or
  surrender order issued pursuant to this section, provided  that  nothing
  in this subdivision shall preclude the court from issuing any such order
  prior  to a hearing. Where the court has issued such an order prior to a
  hearing, it shall commence such hearing within fourteen days of the date
  such order was issued.
    8. Nothing in this section shall delay or otherwise interfere with the
  issuance of a temporary order of protection.

  S 843. Rules of court. Rules of court shall define permissible terms
  and  conditions  of  any  order  issued  under  section  eight   hundred
  forty-one, paragraphs (b), (c) and (d).
  
  S 844. Reconsideration and modification.   For good cause shown, the
  family court may after hearing reconsider and modify  any  order  issued
  under paragraphs (b), (c) and (d) of section eight hundred forty-one.

  S 846. Petition;  violation of court order.   Proceedings under this
  part shall be originated by the  filing  of  a  petition  containing  an
  allegation that the respondent has failed to obey a lawful order of this
  court  or  an  order  of  protection  issued  by  a  court  of competent
  jurisdiction of another state, territorial or tribal jurisdiction.
    (a) Persons who may originate proceedings. The original petitioner, or
  any person who may originate proceedings  under  section  eight  hundred
  twenty-two of this article, may originate a proceeding under this part.
    (a-1)  The  protected  party in whose favor the order of protection or
  temporary order of protection is issued may not be held  to  violate  an
  order  issued  in  his  or  her  favor  nor  may such protected party be
  arrested for violating such order.
    (b) Issuance of summons. (i) Upon the filing of a petition under  this
  part,  the  court  may  cause  a  copy of the petition and summons to be
  issued requiring the respondent to show cause why respondent should  not
  be  dealt  with  in accordance with section eight hundred forty-six-a of
  this part. The summons shall include on its face, printed or typewritten
  in a size equal to at least eight point bold type, a notice warning  the
  respondent  that  a  failure  to appear in court may result in immediate
  arrest, and that, after an appearance  in  court,  a  finding  that  the
  respondent  willfully  failed to obey the order may result in commitment
  to jail for a term not to exceed six months, for contempt of court.  The
  notice shall also advise the respondent of the right to counsel, and the
  right to assigned counsel, if indigent.
    (ii)  Upon  the  filing  of  a  petition  under  this  part alleging a
  violation of a lawful order of this or any other court, as  provided  in
  this  section,  the  court  may,  on its own motion, or on motion of the
  petitioner:
    (A) hear the violation petition and take such action as is  authorized
  under this article; or
    (B)  retain  jurisdiction to hear and determine whether such violation
  constitutes contempt of court, and transfer the allegations of  criminal
  conduct  constituting  such  violation  to  the  district  attorney  for
  prosecution pursuant to section eight hundred thirteen of this  article;
  or
    (C)  transfer  the entire proceeding to the criminal court pursuant to
  section eight hundred thirteen of this article.
    (c) Service of summons. Upon issuance of a summons, the provisions  of
  section  eight  hundred  twenty-six  of this article shall apply, except
  that no order of commitment may be entered upon default in appearance by
  the respondent if service has been made pursuant to subdivision  (b)  of
  such section.
    (d) Issuance of warrant. The court may issue a warrant, directing that
  the  respondent  be  arrested  and brought before the court, pursuant to
  section eight hundred twenty-seven of this article.

S 846A. Powers on failure to obey order. If a respondent is brought
  before the court for failure to obey any lawful order issued under  this
  article  or  an  order  of  protection  or temporary order of protection
  issued  pursuant  to  this  act  or  issued  by  a  court  of  competent
  jurisdiction  of  another  state, territorial or tribal jurisdiction and
  if, after hearing, the court is satisfied by competent  proof  that  the
  respondent  has  willfully  failed to obey any such order, the court may
  modify an existing  order  or  temporary  order  of  protection  to  add
  reasonable  conditions  of  behavior  to  the existing order, make a new
  order of protection in accordance with section eight  hundred  forty-two
  of  this  part,  may order the forfeiture of bail in a manner consistent
  with article five hundred forty of the criminal procedure  law  if  bail
  has  been  ordered pursuant to this act, may order the respondent to pay
  the petitioner's reasonable and necessary  counsel  fees  in  connection
  with  the violation petition where the court finds that the violation of
  its order was willful, and may commit the respondent to jail for a  term
  not  to  exceed  six  months. Such commitment may be served upon certain
  specified days or parts of days as the court may direct, and  the  court
  may,  at  any  time  within  the  term  of  such  sentence,  revoke such
  suspension and commit the respondent for the remainder of  the  original
  sentence,  or  suspend  the  remainder  of  such  sentence. If the court
  determines that the willful failure to obey such order involves  violent
  behavior  constituting  the  crimes  of menacing, reckless endangerment,
  assault or attempted assault and if such a  respondent  is  licensed  to
  carry,  possess,  repair  and  dispose  of  firearms pursuant to section
  400.00 of the penal law, the court  may  also  immediately  revoke  such
  license  and  may  arrange  for  the  immediate  surrender  pursuant  to
  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
  subdivision six of section 400.05 of the penal law, and disposal of  any
  firearm  such  respondent  owns  or possesses. If the willful failure to
  obey such order involves the infliction of physical injury as defined in
  subdivision nine of section 10.00  of  the  penal  law  or  the  use  or
  threatened  use  of  a  deadly  weapon or dangerous instrument, as those
  terms are defined in subdivisions twelve and thirteen of  section  10.00
  of  the  penal  law, such revocation and immediate surrender pursuant to
  subparagraph (f) of paragraph one of subdivision a of section 265.20 and
  subdivision six of section 400.05 of the penal law six and  disposal  of
  any  firearm  owned  or  possessed  by  respondent  shall  be mandatory,
  pursuant to subdivision eleven of section 400.00 of the penal law.

  S 847. Procedures  for  violation  of  orders of protection; certain
  cases. An assault, attempted assault or other family offense as  defined
  in  section eight hundred twelve of this article which occurs subsequent
  to the issuance of an order of protection under this  article  shall  be
  deemed  a  new  offense  for  which  the  petitioner may file a petition
  alleging a violation of an order of protection or file  a  new  petition
  alleging  a  new  family  offense  and  may  seek  to have an accusatory
  instrument filed in a criminal  court,  as  authorized  by  section  one
  hundred fifteen of this act.

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