2023 New York Laws › CPL - Criminal Procedure › Part 3 - Special Proceedings and Miscellaneous Procedures › Title P - Procedures for Securing Attendance at Criminal Actions and Proceedings of Defendants and Witnesses Under Control of Court--Recognizance, Bail › Article 530 - Orders of Recognizance or Bail With Respect to Defendants in Criminal Actions and Proceedings--When and by What Courts Authorized › 530.12 - Protection for Victims of Family Offenses.

§ 530.12 Protection for victims of family offenses.
1.  When  a  criminal action is pending involving a complaint charging
any crime or violation  between  spouses,  former  spouses,  parent  and
child, or between members of the same family or household, as members of
the  same  family or household are defined in subdivision one of section
530.11 of this article, the court,  in  addition  to  any  other  powers
conferred  upon  it  by  this  chapter  may  issue  a temporary order of
protection  in  conjunction  with  any  securing  order  committing  the
defendant  to  the custody of the sheriff or as a condition of any order
of recognizance or bail or an adjournment in contemplation of dismissal.
(a) In addition to any other conditions, such an order may require the
defendant: (1) to stay away from the home, school, business or place  of
employment  of  the  family  or  household  member  or of any designated
witness, 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 paragraph, provided further,
however, that failure to make such a determination shall not affect  the
validity   of  such  temporary  order  of  protection.  In  making  such
determination, the court shall consider, but shall  not  be  limited  to
consideration of, whether the temporary 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, past or present
injury, threats, drug or alcohol abuse, and access to weapons;
(2) 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;
(3)  to  refrain  from  committing  a  family  offense,  as defined in
subdivision one of section 530.11  of  this  article,  or  any  criminal
offense  against  the child or against the family or household member or
against any person to whom custody of the  child  is  awarded,  or  from
harassing, intimidating or threatening such persons;
(4)  to  refrain  from  acts  of commission or omission that create an
unreasonable risk to the health, safety and welfare of a  child,  family
or household member's life or health;
(5)  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
chapter, the family court act or the domestic relations law;
(6)  (A)  to  refrain  from intentionally injuring or killing, without
justification, any companion animal the defendant  knows  to  be  owned,
possessed,  leased, kept or held by the victim or a minor child residing
in the household.
(B) "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;
(7) (A) 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:
(i)  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 (ii) specify the manner in which such return shall
be accomplished.
(B) For purposes of this subparagraph, "identification document" shall
mean any of the following: (i) 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 (ii) 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;
(8) (A) to refrain from remotely  controlling  any  connected  devices
affecting  the  home, vehicle or property of the person protected by the
order.
(B) For purposes of this subparagraph, "connected device"  shall  mean
any  device,  or  other physical object that is capable of connecting to
the internet, directly or indirectly, and that is assigned  an  internet
protocol address or bluetooth address.
(b)  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.
2. Notwithstanding any other provision of law, a  temporary  order  of
protection  issued  or  continued  by a family court pursuant to section
eight hundred thirteen of the family court act shall continue in effect,
absent action by the appropriate criminal court pursuant to  subdivision
three  of  this  section,  until  the  defendant  is  arraigned  upon an
accusatory instrument filed pursuant to section eight  hundred  thirteen
of the family court act in such criminal court.
3.  The  court may issue a temporary order of protection ex parte upon
the filing of an accusatory instrument and for good cause shown. When  a
family  court  order of protection is modified, the criminal court shall
forward a copy of such modified order to the family  court  issuing  the
original  order  of  protection; provided, however, that where a copy of
the modified order is transmitted to the family court  by  facsimile  or
other  electronic  means,  the  original copy of such modified order and
accompanying affidavit shall be forwarded immediately thereafter.
3-a. Emergency powers when family court not in  session;  issuance  of
temporary  orders  of  protection. Upon the request of the petitioner, a
local criminal court may on an ex parte basis issue a temporary order of
protection pending a hearing in family  court,  provided  that  a  sworn
affidavit, verified in accordance with subdivision one of section 100.30
of this chapter, is submitted: (i) alleging that the family court is not
in  session;  (ii)  alleging  that  a  family  offense,  as  defined  in
subdivision one of section eight hundred twelve of the family court  act
and  subdivision  one  of  section  530.11  of  this  article,  has been
committed; (iii) alleging that a family offense petition has been  filed
or  will  be  filed  in  family  court  on  the next day the court is in
session; and (iv)  showing  good  cause.  Upon  appearance  in  a  local
criminal  court,  the  petitioner  shall  be  advised that he or she may
continue with the proceeding either in family court or upon  the  filing
of  a  local  criminal  court accusatory instrument in criminal court or
both. Upon issuance of a temporary order of protection where  petitioner
requests that it be returnable in family court, the local criminal court
shall  transfer  the matter forthwith to the family court and shall make
the matter returnable in family court on the next day the  family  court
is  in  session,  or  as soon thereafter as practicable, but in no event
more than four calendar days after issuance  of  the  order.  The  local
criminal  court, upon issuing a temporary order of protection returnable
in family court pursuant to this subdivision, shall immediately forward,
in a manner designed to insure arrival before the return date set in the

order, a copy of the temporary order of protection and  sworn  affidavit
to  the family court and shall provide a copy of such temporary order of
protection to the petitioner; provided, however, that where  a  copy  of
the  temporary  order of protection and affidavit are transmitted to the
family court by facsimile or other electronic means, the original  order
and  affidavit  shall  be  forwarded  to  the  family  court immediately
thereafter. Any temporary order of protection issued  pursuant  to  this
subdivision shall be issued to the respondent, and copies shall be filed
as  required in subdivisions six and eight of this section for orders of
protection issued pursuant to  this  section.  Any  temporary  order  of
protection  issued  pursuant to this subdivision shall plainly state the
date that such order expires which, in the case of an  order  returnable
in  family  court,  shall  be not more than four calendar days after its
issuance, unless sooner vacated or  modified  by  the  family  court.  A
petitioner  requesting  a  temporary  order  of protection returnable in
family court pursuant to this subdivision in a case in  which  a  family
court  petition has not been filed shall be informed that such temporary
order of protection shall expire as  provided  for  herein,  unless  the
petitioner files a petition pursuant to subdivision one of section eight
hundred  twenty-one of the family court act on or before the return date
in family court and  the  family  court  issues  a  temporary  order  of
protection  or  order of protection as authorized under article eight of
the family court  act.  Nothing  in  this  subdivision  shall  limit  or
restrict  the  petitioner's  right to proceed directly and without court
referral in either a criminal or family court, or both, as provided  for
in  section  one  hundred  fifteen  of  the family court act and section
100.07 of this chapter.
3-b. Emergency powers when family court not in session;  modifications
of  orders  of  protection  or  temporary orders of protection. Upon the
request of the petitioner, a local criminal court may  on  an  ex  parte
basis  modify  a  temporary  order  of protection or order of protection
which has been issued under article four, five,  six  or  eight  of  the
family  court  act  pending  a  hearing in family court, provided that a
sworn affidavit verified in accordance with subdivision one  of  section
100.30  of this chapter is submitted: (i) alleging that the family court
is not in session and (ii) showing good cause, including a showing  that
the existing order is insufficient for the purposes of protection of the
petitioner,  the  petitioner's child or children or other members of the
petitioner's family or household. The local criminal  court  shall  make
the  matter regarding the modification of the order returnable in family
court on the next day the  family  court  is  in  session,  or  as  soon
thereafter  as practicable, but in no event more than four calendar days
after issuance of  the  modified  order.  The  court  shall  immediately
forward a copy of the modified order, if any, and sworn affidavit to the
family  court  and  shall provide a copy of such modified order, if any,
and affidavit to the petitioner; provided, however, that where copies of
such modified order and affidavit are transmitted to the family court by
facsimile or  other  electronic  means,  the  original  copies  of  such
modified  order  and  affidavit  shall  be forwarded to the family court
immediately thereafter. Any modified temporary order  of  protection  or
order  of protection issued pursuant to this subdivision shall be issued
to the respondent and copies shall be filed as required in  subdivisions
six  and  eight of this section for orders of protection issued pursuant
to this section.
4. The court may issue or extend a temporary order  of  protection  ex
parte or on notice simultaneously with the issuance of a warrant for the
arrest  of defendant. Such temporary order of protection may continue in

effect until  the  day  the  defendant  subsequently  appears  in  court
pursuant to such warrant or voluntarily or otherwise.
5.  * Upon  sentencing  on  a  conviction  for  any crime or violation
between spouses, between a parent and child, or between members  of  the
same family or household as defined in subdivision one of section 530.11
of  this  article,  the  court may in addition to any other disposition,
including a conditional discharge  or  youthful  offender  adjudication,
enter  an order of protection. Where a temporary order of protection was
issued, the court shall state on the record the reasons for  issuing  or
not  issuing an order of protection. The duration of such an order shall
be fixed by the court and: (A) in the case of a felony conviction, shall
not exceed the greater of:  (i)  eight  years  from  the  date  of  such
sentencing,  except  where  the  sentence  is  or includes a sentence of
probation on a conviction for a felony sexual assault,  as  provided  in
subparagraph  (iii)  of  paragraph  (a)  of subdivision three of section
65.00 of the penal law, in which case, ten years from the date  of  such
sentencing,  or  (ii) eight years from the date of the expiration of the
maximum term of an indeterminate or the term of a  determinate  sentence
of imprisonment actually imposed; or (B) in the case of a conviction for
a  class  A misdemeanor, shall not exceed the greater of: (i) five years
from the date of such  sentencing,  except  where  the  sentence  is  or
includes  a  sentence  of  probation  on  a conviction for a misdemeanor
sexual assault, as provided in subparagraph (ii)  of  paragraph  (b)  of
subdivision  three of section 65.00 of the penal law, in which case, six
years from the date of such sentencing, or (ii) five years from the date
of the expiration of the maximum term of a definite or intermittent term
actually imposed; or (C) in the case  of  a  conviction  for  any  other
offense, shall not exceed the greater of: (i) two years from the date of
sentencing,  or  (ii)  two  years from the date of the expiration of the
maximum term of a definite or intermittent term  actually  imposed.  For
purposes  of  determining the duration of an order of protection entered
pursuant to this subdivision, a conviction shall be deemed to include  a
conviction  that  has been replaced by a youthful offender adjudication.
In addition to any other conditions,  such  an  order  may  require  the
defendant:
* NB Effective until September 1, 2025
* Upon  sentencing  on a conviction for any crime or violation between
spouses, between a parent and child, or  between  members  of  the  same
family  or  household as defined in subdivision one of section 530.11 of
this article, the court  may  in  addition  to  any  other  disposition,
including  a  conditional  discharge  or youthful offender adjudication,
enter an order of protection. Where a temporary order of protection  was
issued,  the  court shall state on the record the reasons for issuing or
not issuing an order of protection. The duration of such an order  shall
be fixed by the court and, in the case of a felony conviction, shall not
exceed  the greater of: (i) five years from the date of such sentencing,
or (ii) three years from the date of the expiration of the maximum  term
of an indeterminate sentence of imprisonment actually imposed; or in the
case  of  a conviction for a class A misdemeanor, shall not exceed three
years from the date of such sentencing; or in the case of  a  conviction
for  any  other  offense,  shall  not  exceed  one year from the date of
sentencing. For purposes of determining the  duration  of  an  order  of
protection  entered  pursuant to this subdivision, a conviction shall be
deemed to include a conviction that has  been  replaced  by  a  youthful
offender  adjudication.  In  addition  to  any other conditions, such an
order may require the defendant:
* NB Effective September 1, 2025
(a) to  stay  away  from  the  home,  school,  business  or  place  of
employment  of  the  family or household member, the other spouse or the
child, or of any witness 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 paragraph, 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  530.11  of  this article, or any criminal
offense against the child or against the family or household  member  or
against  any  person  to  whom  custody of the child is awarded, or from
harassing, intimidating or threatening such persons;
(d) to refrain from acts of commission  or  omission  that  create  an
unreasonable  risk  to the health, safety and welfare of a child, family
or household member's life or health;
(e) 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
chapter, the family court act or the domestic relations law; or
(f) (i) to refrain from remotely  controlling  any  connected  devices
affecting  the  home, vehicle or property of the person protected by the
order.
(ii) For purposes of this paragraph, "connected device" shall mean any
device, or other physical object that is capable of  connecting  to  the
internet,  directly  or  indirectly,  and  that  is assigned an internet
protocol address or bluetooth address.
6. An order of protection or a temporary order  of  protection  issued
pursuant  to  subdivision  one, two, three, four or five of this section
shall bear in a conspicuous manner the term  "order  of  protection"  or
"temporary  order  of protection" as the case may be and a copy shall be
filed by the clerk of the court with the sheriff's office in the  county
in  which the complainant resides, or, if the complainant resides within
a city, with the police department of such city. The order of protection
or temporary order  of  protection  shall  also  contain  the  following
notice:  "This  order  of  protection  will remain in effect even if the
protected party has, or consents to have, contact or communication  with
the party against whom the order is issued. This order of protection can
only  be modified or terminated by the court. The protected party cannot
be held to violate  this  order  nor  be  arrested  for  violating  this
order.".  The  absence of such language shall not affect the validity of
such order. A copy of such order of protection  or  temporary  order  of
protection may from time to time be filed by the clerk of the court with
any  other  police department or sheriff's office having jurisdiction of
the residence, work place, and school of anyone intended to be protected
by such order. A copy of the order may also be filed by the  complainant
at   the  appropriate  police  department  or  sheriff's  office  having
jurisdiction. Any subsequent amendment or revocation of such order shall
be filed in the same manner as herein provided.
Such order of protection shall plainly state the date that such  order
expires.
6-a.  The  court shall inquire as to the existence of any other orders
of protection between the defendant and the person or persons  for  whom
the order of protection is sought.
7.  A  family  offense subject to the provisions of this section which
occurs subsequent to the issuance of an order of protection  under  this
chapter shall be deemed a new offense for which the complainant may seek
to file a new accusatory instrument and may file a family court petition
under  article  eight of the family court act as provided for in section
100.07 of this chapter.
8. 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 complainant and defendant and
defense 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 department of corrections and community supervision where
the  individual  is  under  probation   or   parole   supervision.   The
presentation  of  a copy of such order or a warrant to any peace officer
acting pursuant to his or her special duties  or  police  officer  shall
constitute  authority for him or her to arrest a person who has violated
the terms of such order and bring such  person  before  the  court  and,
otherwise,  so  far  as lies within his or her power, to aid in securing
the protection such order was intended to afford. 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.
9. If no warrant, order or temporary  order  of  protection  has  been
issued  by  the  court,  and  an  act  alleged to be a family offense as
defined in section 530.11 of this chapter is the basis  of  the  arrest,
the  magistrate  shall  permit  the  complainant  to  file  a  petition,
information or accusatory instrument and  for  reasonable  cause  shown,
shall  thereupon  hold  such  respondent  or defendant, admit to, fix or
accept bail, or parole him or her for hearing before the family court or
appropriate criminal court as the complainant shall choose in accordance
with the provisions of section 530.11 of this chapter.
10. Punishment for contempt based  on  a  violation  of  an  order  of
protection  or  temporary  order  of  protection  shall  not  affect the
original criminal  action,  nor  reduce  or  diminish  a  sentence  upon
conviction  for the original crime or violation alleged therein or for a
lesser included offense thereof.
11. If a defendant is brought before the court for failure to obey any
lawful order issued under this section, or an order of protection issued
by a court of competent jurisdiction in another  state,  territorial  or
tribal  jurisdiction,  and  if, after hearing, the court is satisfied by
competent proof that the defendant has willfully failed to obey any such
order, the court may:
(a) revoke an order of  recognizance  or  release  under  non-monetary
conditions  or  revoke an order of bail or order forfeiture of such bail
and commit the defendant to custody; or
(b)  restore  the  case  to  the  calendar  when  there  has  been  an
adjournment  in  contemplation  of dismissal and commit the defendant to
custody; or
(c) revoke a conditional discharge in accordance with  section  410.70
of this chapter and impose probation supervision or impose a sentence of

imprisonment  in  accordance  with  the  penal law based on the original
conviction; or
(d) revoke probation in accordance with section 410.70 of this chapter
and  impose  a sentence of imprisonment in accordance with the penal law
based on  the  original  conviction.  In  addition,  if  the  act  which
constitutes  the violation of the order of protection or temporary order
of protection is a crime or a violation the  defendant  may  be  charged
with and tried for that crime or violation.
12. The chief administrator of the courts shall promulgate appropriate
uniform temporary orders of protection and orders of protection forms to
be  used  throughout  the  state.  Such  forms  shall be promulgated and
developed in a manner to ensure the compatability of such forms with the
statewide computerized registry  established  pursuant  to  section  two
hundred twenty-one-a of the executive law.
13.  Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection when 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 530.11 of this article.
14. The people shall make reasonable efforts to notify the complainant
alleging  a  crime  constituting  a  family offense when the people have
decided to decline prosecution of such crime, to  dismiss  the  criminal
charges  against  the  defendant  or to enter into a plea agreement. The
people shall advise the complainant of the right to file a  petition  in
the  family court pursuant to section 100.07 of this chapter and section
one hundred fifteen of the family court act.
In any case where allegations of criminal conduct are transferred from
the family court to the criminal court pursuant  to  paragraph  (ii)  of
subdivision  (b)  of section eight hundred forty-six of the family court
act, the people shall advise the family court making the transfer of any
decision to file an  accusatory  instrument  against  the  family  court
respondent  and  shall  notify  such  court  of  the disposition of such
instrument and the sentence, if any, imposed upon such respondent.
Release of a defendant from custody shall not be  delayed  because  of
the requirements of this subdivision.
15. Any motion to vacate or modify an order of protection or temporary
order  of  protection shall be on notice to the non-moving party, except
as provided in subdivision three-b of this section.