N.Y. Criminal Procedure Law § 530.13: 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 in conjunction with any securing order 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;

(c) 1. to refrain from intentionally injuring or killing, without

justification, any companion animal the defendant knows to be owned,

possessed, leased, kept or held by such victim or victims or a minor

child residing in such victim's or victims' household.

2. "Companion animal", as used in this section, shall have the same

meaning as in subdivision five of section three hundred fifty of the

agriculture and markets law;

(d) 1. to refrain from remotely controlling any connected devices

affecting the home, vehicle or property of the person protected by the

order.

2. For purposes of this paragraph, "connected device" shall mean any

device, or other physical object that is capable of connecting to the

internet, directly or indirectly, and that is assigned an internet

protocol address or bluetooth address.

In addition to the foregoing provisions, the court may issue an order,

pursuant to section two hundred twenty-seven-c of the real property law,

authorizing the party for whose benefit any order of protection has been

issued to terminate a lease or rental agreement pursuant to section two

hundred twenty-seven-c of the real property law.

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 shall

continue in effect until the day the defendant subsequently appears in

court pursuant to such warrant or voluntarily or otherwise, unless there

is a dismissal of the matter. The court shall inform the defendant when

issuing the order of protection that it will remain in effect if the

defendant fails to appear in court on a subsequent court date. Provided,

however, that the court may vacate such order if a defendant fails to

appear at a subsequent court date if, after providing the parties an

opportunity to be heard, the court determines vacating the order of

protection is in the interest of justice, in which case the vacatur

shall be effective at such a time that the attorney for the defendant

files with the court a confirmation that the defendant has acknowledged

the conditional vacatur.

4. * Upon sentencing on a conviction for 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; (A) in the case of a felony conviction, shall

not exceed the greater of: (i) eight years from the date of such

sentencing, except where the sentence is or includes a sentence of

probation on a conviction for a felony sexual assault, as provided in

subparagraph (iii) of paragraph (a) of subdivision three of section

65.00 of the penal law, in which case, ten years from the date of such

sentencing, or (ii) eight 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 (B) in the case of a conviction for

a class A misdemeanor, shall not exceed the greater of: (i) five years

from the date of such sentencing, except where the sentence is or

includes a sentence of probation on a conviction for a misdemeanor

sexual assault, as provided in subparagraph (ii) of paragraph (b) of

subdivision three of section 65.00 of the penal law, in which case, six

years from the date of such sentencing or (ii) five years from the date

of the expiration of the maximum term of a definite or intermittent term

actually imposed; or (C) in the case of a conviction for any other

offense, shall not exceed the greater of: (i) two years from the date of

sentencing, or (ii) two years from the date of the expiration of the

maximum term of a definite or intermittent term actually imposed. 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, 2027

* Upon sentencing on a conviction for 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 sentencing,

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 sentencing; or in the case of a conviction

for any other offense, shall not exceed one year from the date of

sentencing. 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, 2027

(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;

(c) 1. to refrain from intentionally injuring or killing, without

justification, any companion animal the defendant knows to be owned,

possessed, leased, kept or held by such victim or victims or a minor

child residing in such victim's or victims' household.

2. "Companion animal", as used in this section, shall have the same

meaning as in subdivision five of section three hundred fifty of the

agriculture and markets law;

(d) 1. to refrain from remotely controlling any connected devices

affecting the home, vehicle or property of the person protected by the

order.

2. For purposes of this paragraph, "connected device" shall mean any

device, or other physical object that is capable of connecting to the

internet, directly or indirectly, and that is assigned an internet

protocol address or bluetooth address.

* 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.

* NB Effective until October 1, 2026

* 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, and shall be filed with the computerized

registry of orders of protection and arrest warrants established

pursuant to section two hundred twenty-one-a of the executive law where

the court determines that such filing is required to implement the

purposes of such order. 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.

* NB Effective October 1, 2026

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

defense counsel and to any other person affected by the order, a copy of

the order of protection or temporary order of protection and ensure that

a copy of the order of protection or temporary order of protection be

transmitted to the local correctional facility where the individual is

or will be detained, the state or local correctional facility where the

individual is or will be imprisoned, and the supervising probation

department or department of corrections and community supervision where

the individual is under probation or parole supervision. The

presentation of a copy of such order or a warrant to any police officer

or peace officer acting pursuant to his or her special duties shall

constitute authority for him or her 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 or her 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, release under non-monetary

conditions 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.