1995 New York State Domestic Violence and Related Laws
Family Court Addresses Confidentiality (S.2113-B Saland/A.7843-A Weinstein)
Authorizes family court to allow the petitioner or respondent in any order of protection proceeding to keep his or her address confidential, where the court finds that disclosure of the address would substantially increase the risk of violence. The court will then designate the court clerk or another disinterested person to be the agent for service of process; the designated person shall promptly notify and forward process to the protected party.
Signed: 1995 Chapter 388
Improved Service of Orders of Protection (S.3475-A Saland/A.6823 Stringer)
Facilitates service of orders of protection in matrimonial and family court proceedings:
- creates alternative to court delivery to the central headquarters of police agencies, by allowing petitioner to personally deliver temporary order of protection to law enforcement personnel
- adds O/P's issued upon default, to delivery and service provisions in Family Court Act and Domestic Relations Law
- requires Sheriffs, city, town and village police to make service
- requires date and time of service to be entered on statewide registry of O/P's and warrants
- provides that same service provisions be available for TOP's and default O/P's issued in Supreme Court
Signed: 1995 Chapter 429
Expansion of Family Offenses (S.3943 Saland/A.6825 Matusow)
Adds aggravated harassment second degree (A misdemeanor) to the definition of family offense in the Family Court Act and Criminal Procedure Law. This offense includes the "stalking" behaviors common in domestic violence cases -- telephone and mail harassment.
Signed: 1995 Chapter 440
Out of State Service of Process (S.3953-A Saland /A.6826 John)
Establishes long-arm jurisdiction for orders of protection in domestic violence cases. Authorizes service of process outside NYS in family offense, child support, paternity, custody and guardianship, child abuse and neglect proceedings, where an O/P is sought if:
- the acts occurred in NYS
- the applicant for the order resides or is domiciled in NYS, or has substantial contacts in NYS, including presence on a regular basis
- if non-resident respondent fails to appear, the court may, on its own motion or request of any party, proceed to a hearing on the issuance of an O/P
Signed: 1995 Chapter 441
Interstate Deterrance of Mutual Orders of Protection (S.4025-B Saland/A.6827-A Weinstein)
To further limit the abuse of mutual orders and to make NYS law consistent with the Violence Against Women Act "full faith and credit" requirements for interstate enforcement of orders:
- any complainant seeking an order of protection must serve and file a petition or counterclaim
- Family Court and Supreme Court must make a finding on the record regarding the petitioner or counter-claimant's entitlement to an order of protection
Signed: 1995 Chapter 538
Revised Conditions for Orders of Protection (S.4987-A Saland/A.6830-A Weinstein)
Redefines permissible terms and conditions in orders of protection in family court, matrimonial and criminal cases:
- adds uniform language to the condition directing an individual to stay away from a party, a child or other member of the household -- makes Family Court Act and Domestic Relations Law consistent with Criminal Procedure Law, directing a party to "stay away from the home, school or place of employment"
- visitation language is expanded to persons other than parents
- current "offensive conduct" language is made more specific:
- "refrain from committing a family offense.. or any criminal offense... or from harassing, intimidating or threatening such persons"
- "give proper attention to the home" is eliminated; replaced by new condition -- party out of the home can retrieve belongings, accompanied by a police officer
- "acts of commission or omission that tend to make the home not a proper place" is replaced by new condition -- "to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child"
Signed: 1995 Chapter 483
Department of Labor Study (S.4584 Hoblock/A.4823 Feldman)
Directs the Department of Labor to study the impact of domestic violence on employment, including victims forced to leave employment. Requires a review of case histories where unemployment compensation was sought. In preparing the study, the Commissioner is required to consult with the NYS Office for the Prevention of Domestic Violence, DSS, Division for Women and members of the public.
Signed: 1995 Chapter 527
Amendments to the Family Protection and Domestic Violence Intervention Act of 1994 (S.4988-B Saland/A.6831-A Weinstein)
Amends and clarifies the Family Protection and Domestic Violence Intervention Act of 1994:
- adds Supreme Court (Domestic Relations Law) to the record-sharing system; OCA to promulgate rules
- requires OCA to develop uniform forms for O/P's in matrimonial/Supreme Court to be compatible with registry
- adds all warrants to the registry, not just arrest warrants, issued in connection with family offense O/P's and violations
Signed: 1995 Chapter 349