Law Ensures Implementation Of Orders Of Protection
The New York State Coalition Against Domestic Violence POLICY TEAM reports that on November 13, 2013 marked a significant victory for victims of domestic violence:
Chapter 480 of the 2013 Laws of New York clarifies that protected parties cannot “violate” an order in place to protect them. This law is necessary to ensure that the intention of the legislature was upheld and that the value of an order of protection is not undermined.
This law amends the domestic relations law, the family court act and the criminal procedure law by including sections that make it clear that protected parties may not be held to violate an order in which they are the protected party by stating that:
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The protected party in whose favor the order of protection or temporary order of protection is issued may not be held to violate such an order nor may such protected party be arrested for violating such order.
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This amendment to the law goes into effect immediately.
Additionally, this law further strengthens this intention by creating the inclusion of a notice that will be part of the front page of all orders issued stating:
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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.
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The effective date for the dissemination of this notice is January 11, 2014.
These amendments were necessary to convey to all entities that protected parties must truly be protected. Arresting protected parties for violating conditions of the order in place to protect them contradicts the intention of the law, decreases the safety of all victims of domestic violence, and does not hold offenders accountable.
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