Current through Register Vol. 46, No. 39, September 25, 2024
(a) An order suspending judgment
entered pursuant to section
841
(b) of the Family Court Act shall contain at
least one of the following terms and conditions directing the respondent to:
(1) stay away from the residence
of the person against whom the family offense was committed;
(2) stay away from the place of
employment or place of education attended by the person against whom the family
offense was committed;
(3) abstain from communicating by any
means, including, but not limited to, telephone, letter, e-mail or other
electronic means with the person against whom the family offense was
committed;
(4) abstain
from repeating the conduct adjudicated a family offense at the fact-finding
hearing;
(5) cooperate
in seeking to obtain and in accepting medical or psychiatric diagnosis and
treatment, alcoholism or drug abuse treatment, or employment or counseling or
child guidance services, or participate in a batterer's educational program
designed to help end violent behavior, and permit information to be obtained by
the court from any person or agency from whom the respondent is receiving or
was directed to receive such services or participate in such program;
(6) allow medical or psychiatric
treatment to be furnished to the person against whom the family offense was
committed, or any other named family member or household member who is a
dependent of the respondent and whose need for medical or psychiatric treatment
was occasioned, in whole or in part, by the conduct adjudicated a family
offense;
(7) cooperate
with the person against whom the family offense was committed, the head of the
household or parent, in maintaining the home or household;
(8) pay restitution in an amount
not to exceed $10,000; or
(9) comply with such other reasonable
terms and conditions as the court shall deem necessary or appropriate to
ameliorate the acts or omissions which gave rise to the filing of the
petition.
(b) An order placing the respondent on
probation in accordance with section
841
(c) of the Family Court Act shall contain at
least one of the following terms and conditions, directing the respondent to:
(1) observe one or more of the
terms and conditions set forth in subdivision (a) of this section;
(2) meet with the assigned
probation officer when directed to do so by that officer;
(3) cooperate with the assigned
probation officer in arranging for and allowing visitation in the family
residence or household; or
(4) cooperate in seeking to obtain and in
accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or
drug abuse treatment, or employment or counseling services, or participate in a
batterer's educational program designed to help end violent behavior, and
permit the assigned probation officer to obtain information from any person or
agency from whom the respondent is receiving or was directed to receive such
services or participate in such program;
(c) An order of protection
entered in accordance with section
841
(d) of the Family Court Act may, in addition
to the terms and conditions enumerated in sections
842 and
842-a of the
Family Court Act, require the petitioner, respondent or both, or, if before the
court, any other member of the household, to:
(1) abstain from communicating by any
means, including, but not limited to, telephone, letter, e-mail or other
electronic means with the person against whom the family offense was
committed;
(2) stay
away from the place of employment or place of education attended by the person
against whom the family offense was committed, of a child or a parent, or of
another member of the same family or household;
(3) refrain from engaging in any conduct
which interferes with the custody of a child as set forth in the
order;
(4) cooperate
in seeking to obtain and in accepting medical treatment, psychiatric diagnosis
and treatment, alcoholism or drug abuse treatment, or employment or counseling
services, or participate in a batterer's educational program designed to help
end violent behavior, and permit information to be obtained by the court from
any person or agency from whom the respondent is receiving or was directed to
receive such services or participate in such program;
(5) pay restitution in an amount
not to exceed $10,000; or
(6) comply with such other reasonable
terms and conditions as the court may deem necessary and appropriate to
ameliorate the acts or omissions which gave rise to the filing of the
petition.
(d) A copy of the order setting forth its
duration and the terms and conditions imposed shall be furnished to the
respondent and to the person or persons against whom the family offense was
committed.
(e) Each
order issued pursuant to section
828 or
841 (b) (c) (d) or
(e) of the Family Court Act shall contain a
written statement informing the respondent that a failure to obey the order may
result in commitment to jail for a term not to exceed six months. Each order
issued pursuant to section 828 or 841(d) shall contain a written statement
informing the respondent that a failure to obey the order may result in
incarceration up to seven years.
