2006 New York Code - Protection Of Victims Of Crimes, Other Than Family Offenses.

 
  § 530.13 Protection of victims of crimes, other than family offenses.
    1. When any criminal action is pending, and the court has not issued a
  temporary  order  of  protection  pursuant  to  section  530.12  of this
  article, the court, in addition to the other powers conferred upon it by
  this chapter, may for good  cause  shown  issue  a  temporary  order  of
  protection  as  a condition of a pre-trial release, or as a condition of
  release on bail or an adjournment  in  contemplation  of  dismissal.  In
  addition  to  any  other  conditions, such an order may require that the
  defendant:
    (a) stay away from the home, school, business or place  of  employment
  of the victims of, or designated witnesses to, the alleged offense;
    (b)  refrain  from  harassing,  intimidating, threatening or otherwise
  interfering with the victims of the alleged offense and such members  of
  the family or household of such victims or designated witnesses as shall
  be specifically named by the court in such order.
    2.  The  court  may  issue  a temporary order of protection under this
  section ex parte upon the filing of an  accusatory  instrument  and  for
  good cause shown.
    3. The court may issue or extend a temporary order of protection under
  this  section ex parte simultaneously with the issuance of a warrant for
  the arrest of the 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.
    4. * Upon conviction of any offense, where the court has not issued an
  order of protection pursuant to section  530.12  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  conviction,  or  (ii)
  three  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  in  the  case  of  a  conviction  for  a class A
  misdemeanor, shall  not  exceed  three  years  from  the  date  of  such
  conviction;  or in the case of a conviction for any other offense, shall
  not exceed one year  from  the  date  of  conviction.  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 that the defendant:
    * NB Effective until September 1, 2009
    * Upon conviction of any offense, where the court has  not  issued  an
  order  of  protection  pursuant  to  section 530.12 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 conviction, 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 conviction; or in the case of a conviction for any
  other  offense,  shall  not exceed one year from the date of conviction.
  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 that the defendant:
    * NB Effective September 1, 2009
    (a)  stay  away from the home, school, business or place of employment
  of the victim or victims, or of any witness designated by the court,  of
  such offense;
    (b)  refrain  from  harassing,  intimidating, threatening or otherwise
  interfering with the victim or victims of the offense and  such  members
  of  the  family  or  household  of  such  victim  or victims as shall be
  specifically named by the court in such order.
    5. 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. An order of protection issued under  this
  section  shall plainly state the date that such order expires. Orders of
  protection issued to protect victims of domestic violence, as defined in
  section four hundred fifty-nine-a of the social services law,  shall  be
  on  uniform  statewide  forms  that  shall  be  promulgated by the chief
  administrator of the courts in a manner to ensure the  compatibility  of
  such  forms  with  the  statewide  registry  of orders of protection and
  warrants established pursuant to section two hundred twenty-one-a of the
  executive law. A copy of an order of protection or a temporary order  of
  protection  issued  pursuant  to subdivision one, two, three, or four of
  this section shall be filed by the clerk of the court with the sheriff's
  office in the county in which such victim or victims reside, or, if  the
  victim  or  victims  reside within a city, with the police department of
  such city. 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  victim  or
  victims  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.
    6. 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 victim and the defendant and to
  any other person  affected  by  the  order,  a  copy  of  the  order  of
  protection  or temporary order of protection. The presentation of a copy
  of such order or a warrant to any police officer or peace officer acting
  pursuant to his special duties shall constitute  authority  for  him  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 power,
  to aid in securing the protection such order was intended to afford.
    7. Punishment for contempt based upon  a  violation  of  an  order  or
  protection  or  temporary  order of protection issued under this section
  shall not affect a pending criminal action, nor  reduce  or  diminish  a
  sentence upon conviction for any other crimes or offenses.
    8.  If a defendant is brought before the court for failure to obey any
  lawful order issued under this section 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 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 impose or increase bail pending a trial of the original crime
  or violation; 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.
    9.  The chief administrator of the courts shall promulgate appropriate
  uniform temporary order of protection and order of protection  forms  to
  be used throughout the state.