Office for the Prevention of Domestic Violence

Law

Legislative Summaries by Year

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:

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:

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:

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:

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:

Signed: 1995 Chapter 349