N.Y. Family Court Act § 846-a: Powers on failure to obey order

§ 846-a. Powers on failure to obey order. If a respondent is brought

before the court for failure to obey any lawful order issued under this

article or an order of protection or temporary order of protection

issued pursuant to this act or issued by a court of competent

jurisdiction of another state, territorial or tribal jurisdiction and

if, after hearing, the court is satisfied by competent proof that the

respondent has willfully failed to obey any such order, the court may

modify an existing order or temporary order of protection to add

reasonable conditions of behavior to the existing order, make a new

order of protection in accordance with section eight hundred forty-two

of this part, may order the forfeiture of bail in a manner consistent

with article five hundred forty of the criminal procedure law if bail

has been ordered pursuant to this act, may order the respondent to pay

the petitioner's reasonable and necessary counsel fees in connection

with the violation petition where the court finds that the violation of

its order was willful, and may commit the respondent to jail for a term

not to exceed six months. Such commitment may be served upon certain

specified days or parts of days as the court may direct, and the court

may, at any time within the term of such sentence, revoke such

suspension and commit the respondent for the remainder of the original

sentence, or suspend the remainder of such sentence. If the court

determines that the willful failure to obey such order involves violent

behavior constituting the crimes of menacing, reckless endangerment,

assault or attempted assault and if such a respondent is licensed to

carry, possess, repair and dispose of firearms pursuant to section

400.00 of the penal law, the court may also immediately revoke such

license and may arrange for the immediate surrender pursuant to

subparagraph (f) of paragraph one of subdivision a of section 265.20 and

subdivision six of section 400.05 of the penal law, and disposal of any

firearm such respondent owns or possesses. If the willful failure to

obey such order involves the infliction of physical injury as defined in

subdivision nine of section 10.00 of the penal law or the use or

threatened use of a deadly weapon or dangerous instrument, as those

terms are defined in subdivisions twelve and thirteen of section 10.00

of the penal law, such revocation and immediate surrender pursuant to

subparagraph (f) of paragraph one of subdivision a of section 265.20 and

subdivision six of section 400.05 of the penal law six and disposal of

any firearm owned or possessed by respondent shall be mandatory,

pursuant to subdivision eleven of section 400.00 of the penal law.