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New York · Through 2026-09-11

N.Y. Family Court Act § 841: Orders of disposition

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Where this section sits in the code
  1. Family Court Act
  2. Article 8. Family Offenses Proceedings
  3. Part 4. Orders

§ 841. Orders of disposition. At the conclusion of a dispositional

hearing under this article, the court may enter an order:

(a) dismissing the petition, if the allegations of the petition are

not established; or

(b) suspending judgment for a period not in excess of six months; or

(c) placing the respondent on probation for a period not exceeding one

year, and requiring respondent to participate in a batterer's education

program designed to help end violent behavior, which may include

referral to drug and alcohol counseling, and to pay the costs thereof if

respondent has the means to do so, provided however that nothing

contained herein shall be deemed to require payment of the costs of any

such program by the petitioner, the state or any political subdivision

thereof; or

(d) making an order of protection in accord with section eight hundred

forty-two of this part; or

(e) directing payment of restitution in an amount not to exceed ten

thousand dollars. An order of restitution may be made in conjunction

with any order of disposition authorized under subdivisions (b), (c), or

(d) of this section. In no case shall an order of restitution be issued

where the court determines that the respondent has already paid such

restitution as part of the disposition or settlement of another

proceeding arising from the same act or acts alleged in the petition

before the court.

No order of protection may direct any party to observe conditions of

behavior unless the party requesting the order of protection has served

and filed a petition or counter-claim in accordance with section one

hundred fifty-four-b of this act. Nothing in this section shall preclude

the issuance of a temporary order of protection ex parte, pursuant to

section eight hundred twenty-eight of this article.

Nothing in this section shall preclude the issuance of both an order

of probation and an order of protection as part of the order of

disposition.

Notwithstanding the foregoing provisions, an order of protection, or

temporary order of protection where applicable, may be entered against a

former spouse and persons who have a child in common, regardless of

whether such persons have been married or have lived together at any

time, or against a member of the same family or household as defined in

subdivision one of section eight hundred twelve of this article.

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