The People, Respondent,v.Mary Anne Grady Flores, Appellant.BriefN.Y.October 11, 2017STATE OF NEW YORK COURT OF APPEALS THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARY ANNE GRADY-FLORES, Defendant/Appe1lant. APL-2016-00137 AMICUS CURIAE BRIEF on Behalf of Vera House, Inc., In Regard to Stay Away Orders D.J. & J.A. CIRANDO, ESQS. Attorneys for Vera House, Inc. 101 South Salina Street, Suite 1010 Syracuse, New York 13202 (315) 474-1285 John A. Cirando, Esq. Bradley E. Keem, Esq. Elizabeth deV. Moeller, Esq. Of Counsel Dated: October 18, 2017 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 STATEMENT OF FACTS 2 POINT I 3 A “STAY AWAY” ORDER OF PROTECTION IN FAVOR OF A VICTIM OF A CRIME IS VALID BECAUSE IT IS SUFFICIENTLY SPECIFIC. . . .as to Colonel Evans being a proper party to be named in an Order of Protection. . . .as to the sufficiency of the “stay away” requirement CONCLUSION 5 8 15 THE STAY AWAY ORDER OF PROTECTION IN THE INSTANT MATTER WAS VALID. CERTIFICATE OF COMPLIANCE 16 CORPORATE DISCLOSURE STATEMENT 17 INDEX TO APPENDIX APPENDIX A A-l VERA HOUSE INC., 27™ ANNUAL REPORT TO THE COMMUNITY APPENDIX B B-l LETTER OF AUGUST 28, 2017 APPENDIX C C-l FORM FAMILY COURT TEMPORARY ORDER OF PROTECTION AND ORDER OF PROTECTION D-lAPPENDIX D FORM CRIMINAL COURT FAMILY OFFENSES ORDER OF PROTECTION AND NON-FAMILY OFFENSE ORDER OF PROTECTION i TABLE OF AUTHORITIES Cases Matter of Aumell v. King. 18 A.D.3d 905, 906 Matter of Jason MM.. 245 A.D.2d 892, 893 [3rd Dept., 1997] Matter of Lanzafame v. Jones. 121 A.D.3d 1598 [4th Dept.] People v. Bongiovanni. 183 Misc.2d 104 [Sup. Ct., Kings County, 1999] People v. Bostic. 10 Misc.3d 775 People v. First Meridian Planning Coro,. 86 N.Y.2d 608, 622 People v. Garris. 159 Misc.2d 586 [Dist. Ct., Nassau County, 1993] . . . People v. Nerlev. 194 Misc.2d 727 [Sup. Ct., Kings County, 2004].... People v, Nieves. 2 N.Y.3d 310, 316 [2004] People v. Purpura. 12 Misc.3d 933 [Crim. Ct., Kings County, 2006] . . . Walker v. Walker. 86 N.Y.2d 624. 628 9 11 9, 10 6 8, 10, 14 8, 10, 14 6 6 . . 5, 6, 7.....5, 7 4, 12, 14 Statutes 22 NYCRR §1000.13[k] Criminal Procedure Law §530.11[1] Criminal Procedure Law §530.12 . . Criminal Procedure Law §530.12[3] Criminal Procedure Law §530.13 . . Family Court Act §812[2][b] 1 4 4, 5 4 3, 5 14 ii STATE OF NEW YORK COURT OF APPEALS THE PEOPLE OF THE STATE OF NEW YORK, Respondent , v. MARY ANNE GRADY-FLORES, Defendant /Appel lant. APL-2016-00137 AMICUS CURIAE BRIEF on Behalf of Vera House, Inc., In Regard to Stay Away Orders PRELIMINARY STATEMENT This is an Amicus Brief, pursuant to 22 NYCRR §500.23, on behalf of Vera House, Inc. The mission of Vera House, Inc. is to end all domestic and sexual violence, to assist families in crisis, to support those affected by domestic and sexual violence to live safe, self-sufficient lives, to empower women and children, and to promote a culture of equality and respect in relationships. l STATEMENT OF FACTS On October 25, 2012, a Temporary Order of Protection was issued against Mary Anne Grady Flores (hereinafter “Flores”), requiring her to “stay away” from Colonel Earl Evans (hereinafter “Colonel Evans”), including away from his place of employment at the Air National Guard Base at Hancock Field (hereinafter “the base”) (R91)1. Flores’ understanding of the Temporary Order of Protection was that she had to “stay away” from the base (RA 127). The Temporary Order of Protection was obtained based on an October 25, 2012 Supporting Deposition of Colonel Evans, in which he indicated that a third unannounced protest by a group including Flores had taken place that day at the base, that the protest blocked gates to the primary and secondary entrances to the base and that the protest forced the opening of an entrance not normally used (RH). On February 12, 2013, Flores was charged with Disorderly Conduct and Criminal Contempt in the Second Degree in relation to a violation of the Temporary Order of Protection. She had been filming or taking pictures of a protest and had crossed Malloy Road, which is the road that the main gate of the base is facing, a few times (RA 250-251, 259). 1 References to R- are to the Record on Appeal and references to RA are to the Respondent’s Appendix. 2 During Flores’ jury trial on the pending charges, in DeWitt Town Court, the jury requested the meaning of the phrase “stay away”, and the trial court instructed the jury that that was a question of fact, not a question of law (RA 612-620). Flores was found guilty of Criminal Contempt in the Second Degree and not guilty of Disorderly Conduct (RA 624-625). Flores subsequently appealed to Onondaga County Court, and, on January 8, 2016, her conviction was affirmed, but her sentence was reduced from one year to six months in jail (R-4-5). On June 23, 2016 Associate Judge of the Court of Appeals Eugene M. Fahey granted Flores leave to Appeal to this Court (R-3). POINT I A “STAY AWAY” ORDER OF PROTECTION IN FAVOR OF A VICTIM OF A CRIME IS VALID BECAUSE IT IS SUFFICIENTLY SPECIFIC. The Temporary Order of Protection issued against defendant in the instant matter was issued pursuant to Criminal Procedure Law §530.13, which permits that a court may, for good cause shown, issue a Temporary Order of Protection in conjunction with any securing order committing the defendant to the custody of the sheriff, or as a condition of a pre-trial release, or as a condition of release on bail, or an adjournment in contemplation in dismissal (49). 3 In the context of a family offense, pursuant to Criminal Procedure Law §530.12, when a criminal action is pending involving a complaint charging any crime or violation between spouses, former spouses, parent and child, or between members of the same family or household, the court may issue a Temporary Order of Protection. Criminal Procedure Law §530.12[3] authorizes a Temporary Order of Protection to be issued ex parte upon the filing of an accusatory instrument and for good cause shown. The criminal courts and Family Court, under Article 8 of Family Court Act, have concurrent jurisdiction over family offense proceedings (Criminal Procedure Law §530.11[1]). In Matter of Walker v. Walker (86 N.Y.2d 624, 628 [1995]), this Court indicated that the amendment of Article 8 of the Family Court Act was to “provide new focus and direction for more aggressive measures that would protect victims of domestic violence”. In Onondaga County in 2015, Family Court issued 959 Temporary Orders of Protection and 157 Permanent Orders of Protection, while Syracuse City Domestic Violence Court issued 426 Orders of Protection (see Vera House Inc., 27th Annual Report to the Community, Appendix A). In 2016, Onondaga County Family Court issued 1023 Temporary Orders of Protection and 105 Permanent Orders of Protection and Syracuse City Domestic Violence Court issued 343 Orders of Protection in 2016 (see Letter of August 28, 2017, Appendix B). 4 Attached as Appendix C are the form Family Court Temporary Order of Protection and Order of Protection, respectively. Attached as Appendix D are the form Criminal Court Family Offenses Order of Protection and Non-Family Offense Order of Protection, respectively. . . .as to Colonel Evans being a proper party to be named in an Order of Protection. Both Criminal Procedure Law §530.12, which governs in the context of a family offense, and Criminal Procedure Law §530.13, which governs in all other criminal contexts, indicate that a Temporary Order of Protection may be issued either to the victim or to any designated witness. This Court has recognized that the primary purpose of such statutes is to “ensure that victims and witnesses who have the courage and civic responsibility to cooperate with law enforcement officials are afforded the maximum protection possible” (People v. Nieves. 2 N.Y.3d 310, 316 [2004]). In order to ensure that such victims and witness get such protection, the law regarding issuance of Temporary Orders of Protection has been interpreted to be flexible, both as to the terms of the Order and as to the circumstances of its issuance (e.g. People v. Purpura. 12 Misc.3d 933 [Crim. Ct., Kings County, 2006]- — the complaining witness’ status as a police officer who may be better able to protect herself did not mean she could not have a Temporary Order of Protection 5 issued in her favor; People v. Nerlev. 194 Misc.2d 727 [Sup. Ct., Kings County, 2004]— a criminal court judge can extend an Order of Protection after a grand jury voted and filed an Indictment involving the same charges as the criminal complaint; People v. Bongiovanni. 183 Misc.2d 104 [Sup. Ct., Kings County, 1999]— a court was permitted to require a defendant accused of assaulting his wife to attend domestic violence counseling even though the statute did not specifically indicate such a requirement; People v. Garris. 159 Misc.2d 586 [Dist. Ct., Nassau County, 1993]— an Order of Protection may be amended after commencement of a defendant’s sentence if necessary to protect the victim). Flores claims that Colonel Evans was not an appropriate person to be issued a Temporary Order of Protection, pursuant to Criminal Procedure Law §530.12, because he did not fit the definition of either witness or victim (see The Appellant’s Brief, pp. 20-26). However, it should be noted that under the liberal construction which should be given to the issuance of Temporary Orders of Protection, the trial court properly found that Colonel Evans’ Affidavit, which established that Flores and the other protesters had blocked entrance to his place of employment and continued to block such entrance after being asked to leave by law enforcement, was sufficient to establish that he was a victim entitled to a Temporary Order of Protection (R 10-11) (Nieves. 2 N.Y.3d at 316). 6 Flores suggests that a heightened standard be applied that requires a victim such as Colonel Evans demonstrate “actual fear” before being entitled to a Temporary Order of Protection (see The Appellant’s Brief, p.24). However, as the court in Purpura (12 Misc.3d at 935) noted, it is: abhorrent to believe that only certain victims should be granted the protection of the court’s jurisdiction whereas other victims should be left to their own devices with respect to protecting themselves against harassment, menace or violence. The purpose behind the issuance of a temporary order of protection is to assure victims, regardless of their strength or training, that, if threatened, they have immediate recourse to the court. Any other result would be inimicable to the American concept of equal justice. Certainly, in the context of domestic violence, if a victim were required to demonstrate that he or she was “actually scared” or in some other way the “right” kind of victim, it would be disastrous, leading to the deprivation of protection for some people who did not fit the preconceived notion of what a domestic violence victim should look or act like. Therefore, because Colonel Evans was a victim within the meaning of Criminal Procedure Law §530.13, the Temporary Order of Protection was valid (R91) (Nieves, 2 N.Y.3d at 316). 7 . . .as to the sufficiency of the “stay away” requirement. Flores claims that the Temporary Order of Protection which she has been found to have violated was overly broad because it instructed her to “stay away” from the base rather than prescribe a specific distance to stay away (see The Appellant’s Brief, pp.31-36, 38). In People v. Bostic (10 Misc.3d 775 [Dist. Ct., Suffolk County, 2005]), the court was determining the request of defense counsel, made at the time of sentencing, that an Order of Protection contain the specific addresses from which the defendant was to stay away. Although the Bostic (10 Misc.3d at 776) court focused on the address issue, rather than the distance issue that concerns Flores in the instant matter, the Bostic (10 Misc.3d at 775) court’s analysis is still applicable. In determining the vagueness of the Order of Protection in Bostic (10 Misc.3d at 777), the court first relied this Court in People v. First Meridian Planning Corp. (86 N.Y.2d 608, 622 [1995]), noting “the vagueness doctrine does not judge statutes in the abstract, but rather in the ‘animating context of well- defined usage. . .and. . .court construction which determines its meaning’”. Based on this interpretation of the vagueness doctrine, the Bostic (10 Misc.3d at 777-778) court emphasizes that due process of a defendant is further protected because in order to be punished for a violation of an Order of Protection it is necessary for a defendant to have knowledge that he or she was violating an 8 Order of Protection. Further, the Bostic (10 Misc.3d at 778) court concluded that “the defendant’s due process rights are sufficiently protected and the intent of the statute is better served if it is incumbent upon a defendant, who inadvertently enters a location and recognizes a protected party, to leave that location”. In Matter of Lanzafame v. Jones (121 A.D.3d 1598 [4th Dept., 2014]), the Appellate Division, Fourth Department affirmed a finding of Family Court that there was not “clear and convincing evidence that [Jones] willfully violated the terms of’ a stay away order of protection. In Matter of Lanzafame (121 A.D.3d at 1598), the party against whom the Order of Protection was entered, Jones, was already in a public library when the protected party, Lanzafame, entered and then called the police, after which Jones left (see Record on Appeal, CAF-13-01662, pp.13, 33,92-96). Both Onondaga County Family Court and the Appellate Division, Fourth Department acknowledged that because once Jones had knowledge that he was in the same location as Lanzafame he chose to leave, he was not in violation of the stay away Order of Protection (121 A.D.3d at 1598). Similarly, in Matter of Aumell v. King (18 A.D.3d 905, 906 [3rd Dept., 2005]), the Appellate Division, Third Department noted, when finding that no violation of an Order of Protection had occurred that : 9 No testimony or other evidence was introduced suggesting that the incident was anything other than a chance meeting. No evidence was produced that respondent knew petitioner would be at the shopping center, or once contact was made, that she pursued or otherwise attempted to sustain the contact. Such outcomes are in harmony with the finding of the court in Bostic (10 Misc.3d at 777-778), that the due process rights of a defendant against whom an Order of Protection has been entered are protected because there must be a finding of violation by a court before that defendant can be punished. In the case at bar, Flores claims it is unclear whether she has sufficiently followed the requirement to “stay away” from Colonel Evans because the Temporary Order of Protection does not specify how far of a distance she must stay away from Colonel Evan’s place of employment (see The Appellant’s Brief, pp.31-36, 38). However, placing the “stay away” phrase in the context of what this Court called “well-defined usage” in First Meridian Planning Corn. (86 N.Y.2d at 622), it should be clear that Flores was being put on notice that she was required to not be in the same place as Colonel Evans and, if she gained knowledge that he was in the same place, to leave that place (Matter of Lanzafame.121 A.D.3d at 1598). Flores further contends that the meaning of “stay away” is a question of law rather than a question of fact and the determination of such phrase should not have 10 been left to the jury (see The Appellant’s Brief, pp.43-46). However, a determination that the meaning of whether a party has stayed away from a protected party seems the most reasonable, considering the varying circumstances which can arise. For example, in Matter of Jason MM, (245 A.D.2d 892, 893 [3rd Dept., 1997]), the Appellate Division, Third Department affirmed the Family Court, sitting as a trier of fact, when it found that a father had violated an Order requiring him to “stay away” from his children when he was in the children's residence; was on two occasions in the area of their school; talked with one of his children at a site only two houses from the children's residence, and was on the front porch of the children's residence. The Appellate Division, in Matter of Jason MM. (245 A.D.2d at 893), found that based on such fact finding, the father’s complaint that “stay away” was not clearly defined was “vacuous”. Similarly, in the case at bar, the jury was able to review all of the evidence presented to it, including Flores’ testimony that it was her understanding that she had to stay away from the base, although she could be in the roadway and other testimony indicating that Flores crossed the street, and make a determination that Flores had not followed the directive to stay away from Colonel Evans place of employment (RA 127, 335, 396). It should be noted that often, persons against whom an Order of Protection is entered, particularly in the domestic violence context, are going to defy or test the li limits of such Order for the purpose of continuing the dominance of the person whom the Order is meant to protect. Therefore, Flores suggestion (see The Appellant’s Brief, p.38) that it is necessary for an Order of Protection to specify that there is a certain distance that the defendant must stay away from the protected person, offers the prospect of continued danger and harassment if required in the domestic violence context. For example, in Walker (86 N.Y.2d at 626), the party against whom the Order of Protection was entered was jailed for violating an Order of Protection and, subsequently, while still in jail, sent three separate letters to the protected party, in further violation of the Order of Protection. Vera House, Inc. has come into contact with many victims who know all too well that a “Distance Order” does not provide the necessary protection. For example, a victim who had an Order of Protection against her abuser that required him to stay 500 feet away from her found that her abuser, who did not live or work in her Town and had no business in her neighborhood, would sit at the end of her street during the times she would leave for work and return home from work. That victim felt terrified that her abuser was constantly sitting there watching her and knowing when she was home and when she wasn’t and she was afraid to invite anyone to her home because she felt that she was always being watched. When she contacted the police, they informed her that her abuser was on a public street and 12 had a legal right to be there as long as he did not contact her and stayed 500 feet away from her. The victim attempted to change her work schedule to evade her abuser, but he instead spent more time driving around her neighborhood. The victim was so fearful and anxious that she felt compelled to move, selling her residence which had been her family’s residence for over 100 years. Another victim had an Order of Protection directing her abuser to stay 500 feet away from her. This victim had season tickets for Syracuse Crunch Hockey and while attending one game she found that her abuser was seated several rows behind her. She was informed by the police providing security that her abuser was 500 feet away and had purchased those seats as a season ticket holder, so there was nothing they could do. When the victim informed the box office about her concerns for her safety, she was informed, after they measured the distance between their seats, that her abuser’s season tickets were 525 feet away from her and there was nothing they could do. Rather than endure the fear and intimidation she felt at the games with her abuser seated just behind her, the victim discontinued her season tickets. If such a person, as the offending parties described above, is told that they are required to stay a certain distance away from the protected party, as opposed to just being required to stay away, it is obvious that such person would comply with the Order only to the letter of the law, rather than truly leaving the person who has 13 been granted the Order in peace. In contrast, an Order that requires the offending party to “stay away” from the protected party more closely carries out the purpose of an Order of Protection which “attempting to stop the violence, end the family disruption and obtain protection” (Family Court Act §812[2][b]; Walken 86 N.Y.2d at 628). Furthermore, as noted above, the phrase “stay away” has a common usage which can be understood by law enforcement officials when they can be called upon to enforce an Order of Protection (Bostic. 10 Misc.3d at 777; see also First Meridian Planning Corn.. 86 N.Y.2d at 622). In contrast, it is not practicable to ask a law enforcement official to carry around a measuring tape to determine whether a person is violating an Order of Protection against them because it specifies a certain distance that the offending party must stay from the protected party. Therefore, because common usage made clear what the “stay away” phrasing of the Temporary Order of Protection meant, the Instant Temporary Order of Protection, was valid (R91) (First Meridian Planning Corp.. 86 N.Y.2d at 622; Bostic.10 Misc.3d at 777). 14 CONCLUSION THE STAY AWAY ORDER OF PROTECTION IN THE INSTANT MATTER WAS VALID. Respectfully submitted, /s/JOHN A. CIRANDO_ D.J. & J.A. CIRANDO, ESQS. Attorney for Vera House, Inc. 101 South Salina Street, Suite 1010 Syracuse, New York 13202 (315)474-1285 John A. Cirando, Esq. Bradley E. Keem, Esq. Elizabeth deV. Moeller, Esq. Of Counsel Dated: October 18, 2017 15 STATE OF NEW YORK COURT OF APPEALS THE PEOPLE OF THE STATE OF NEW YORK, Respondent , v. MARY ANNE GRADY-FLORES, Defendant /Appellant . APL-2016-00137 CERTIFICATE OF COMPLIANCE Pursuant to 22 NYCRR §500.1 of the Court of Appeals the undersigned counsel hereby certifies that this Brief was prepared on a computer in 14-point Times New Roman font, double spaced, with a word count of 3,133, as measured by the word-processing system used to prepare this Brief. Dated: October 18, 2017 /s/JOHN A. CIRANDO D.J. & J.A. CIRANDO, ESQS. Attorneys for Vera House, Inc. 101 South Salina Street, Suite 1010 Syracuse, New York 13202 (315)474-1285 16 STATE OF NEW YORK COURT OF APPEALS CORPORATE DISCLOSURE STATEMENT 22 NYCRR §500.1(f) APL-2016-000137 THE PEOPLE OF THE STATE OF NEW YORK Respondent, v. MARY ANNE GRADY-FLORES, Defendant/Appellant. STATE OF NEW YORK ) COUNTY OF ONONDAGA ) SS: JOHN A. CIRANDO, being duly sworn, deposes and says: That I am an attorney duly admitted to practice in the Courts of the State of New York, and am a member of the law firm D.J. & J.A. CIRANDO, ESQS., who has been retained to represent the Vera House, Inc. in regard to the captioned matter. 1) Vera House, Inc. is a Corporation, organized under the New York Not-For-Profit Corporation Law. There are no parent, subsidiaries or affiliates of Vera House Inc. 2) /s/JOHN A. CIRANDO D.J. & J.A. CIRANDO, ESQS. Attorneys for Vera House, Inc. 101 South Salina Street, Suite 1010 Syracuse, New York 13202 (315) 474-1285 Subscribed and sworn to before me this 18th day of October 2017 /s/MELISSA J. LADUKE Notary Public State of New York Qual. In Onondaga County 01LA5034088 Commission Expires Oct. 03, 2018 17 f APPENDIX A ; S i j t 27™ANNUAL VERA HOUSE, INC. REPORT TO THE COMMUNITY ON DOMESTIC & SEXUAL VIOLENCE DOMESTIC & SEXUAL VIOLENCE IN ONONDAGA COUNTY Justice System Response in 2015 nU Domestic Calls Answered Sex Offense Calls Answered ■ Syracuse Police Department ■ Onondaga County: Sheriffs Office, New York State, Town and Village Police The Syracuse Police Department received 337 sex offense calls and the Onondaga County Sheriffs Office, New York State Police, Town and Village Police answered 339 sex offense calls in 2015. in 11,582s -• Shannon Ingraham was killed by her mother's boyfriend Q October 19, 2016Vera House, Inc. 27* Annual Report to the Community A 1 2015 JUSTICE SYSTEM r i2015 DISTRICT ATTORNEY’S Special Victims Bureaui SPECIAL VICTIMS BUREAU & CITY COURTBUREAU PROSECUTIONS: * iciuiiy dticÿib dJiu x. lv# misdemeanor arrests between partners or ex-partners * 54 felony arrests and 19 misdemeanor arrests for chfld sexual abuse •16 felony arrests and6 misdemeanor arrests for adult sexual assault City Court Bureau .• 725 misdemeanor arrests between partners or ex-partners in 2015 PROBATION DEPARTMENT ORDERS OF PROTECTION ONONDAGA COUNTY FAMILY COURTsupervised & investigated 826 identified domestic violence cases & supervised JaIssued 959 Temporary Orders of Protection and157 Permanent Orders of Protection in 20152 2 0 SYRACUSE CITY DOMESTIC VIOLENCE COURTregistered sex offenders Issued 426 Orders of Protection in 2015 — � VERA HOUSE ACCOUNTABILITY PROGRAMS DOMESTIC VIOLENCE COURTS ALTERNATIVES PROGRAM For men who have been abusive to female partners or ex-partners. 383 male participants in 2015 ONONDAGA COUNTY INTEGRATED DOMESTIC VIOLENCE COURT served 95 new families in 2015 STEPS PROGRAM For women arrested for domestic violence crimes. 42 female participants in 2015 DVIP (Domestic Violence Impact Program) A one-time, 4-hour course for men and women originally charged with a violation-level domestic violence related offense. SYRACUSE CITY DOMESTIC VIOLENCE COURT handled 725 new misdemeanors & 212 new felonies in 2015 70 participants in 2015 Vera House, Inc. 27" Annual Report to the Community October 19, 2016 (\ '<9- I! ■r- \ APPENDIX B r A world freeof violence and abuseVERA HOUSE I N C P O K A T £ D £211977 2017 40 YEARS MAKING A DIFFERENCE August 28, 2017 John Cirando D.J. & J.A. Cirando, Esqs. 101 S. Salina St., Ste 1010 Syracuse, NY 13202-1350 Dear John: I am writing in response to your inquiry regarding the number of Orders of Protection issued in Onondaga County in family offense cases in 2016. The numbers that have been made available to us are as follows: Onondaga County Family Court: Issued 1,023 Temporary Orders of Protection in 2016 Issued 105 Permanent Orders of Protection in 2016 Syracuse City Domestic Violence Court: Issued 343 Orders of Protection in 2016 Please let me know if you have any questions or need anything further. Sincerely, Randi K. Bregman Executive Director <3ii 723 James Street | Syracuse, NY 13203 | P (315) 425-0818 | F (315) 425-8942 Crisis & Support: (315) 468-3260 | TTY Line (315) 484-7263 worakmirn 11 f i f’ V i. ' r APPENDIXC / .. i f GF5 12/2013F.C.A §§ 430, 550, 655, 828, 1029 ORI No: NY033023J Order No: 2017-000820 NYSID No: _ At a term of the Family Court of the State of New York, held in and for the County of Onondaga, at Onondaga County Courthouse 401 Montgomery St., Syracuse, NY 13202, on August 28, 2017 PRESENT: In the Matter of a FAMILY OFFENSE Proceeding File# Docket # Temporary Order of Protection [ J Ex Parte [ J Both Parties Present In Court (DOB: Petitioner ), - against - .(DOB: ), Respondent NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST AND CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARS FOR CRIMINAL CONTEMPT, AND/OR MAY SUBJECT YOU TO FAMILY COURT PROSECUTION AND INCARCERATION FOR UP TO SEX MONTHS FOR CONTEMPT OF COURT. IF YOU FAIL TO APPEAR IN COURT WHEN YOU ARE REQUIRED TO DO SO, THIS ORDER MAY BE EXTENDED IN YOUR ABSENCE AND THEN CONTINUES IN EFFECT UNTIL A NEW DATE SET BY THE COURT. THIS ORDER OF PROTECTION WILL REMAIN IN EFFECT EVEN IF THE PROTECTED PARTY HAS, OR CONSENTS TO HAVE, CONTACT OR COMMUNICATION WITH THE PARTY AGAINST WHOM THE ORDER IS ISSUED. THIS ORDER OF PROTECTION CAN ONLY BE MODIFIED OR TERMINATED BY THE COURT. THE PROTECTED PARTY CANNOT BE HELD TO VIOLATE THIS ORDER NOR BE ARRESTED FOR VIOLATING THIS ORDER. A petition under Article 8 of the Family Court Act, having been filed on August 28, 2017 in this Court and good cause having been shown, and the Respondent having been [check applicable box]: [ ] present in Court and advised of the issuance and contents of this Order [ ] not present in Court. NOW, THEREFORE, IT IS HEREBY ORDERED that i) observe the following conditions(DOB: of behavior: [Check Applicable Paragraphs and SubParagraphs]: [01] Stay aw'ay from: 0;[X] [A] [X] [B] the home of [ ] [C] school of _ [ ] [D] business of _ [ ] [E] place of employment of ; [ ] [F] other [specify location] ; [X] [14] Refrain from communication or any other contact by mail, telephone, e-mail, voice-mail or other electronic or any other means with [ ] [02] Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats, identity theft, grand larceny, coercion or any criminal offense against [specify protected person(s) and/ or members of protected person’s family or household, and/or person(s) with custody of children)]: ; [ ] [15] Refrain from intentionally injuring or killing without justification the following companion anima\(s) (pet(s))[specify type(s) and, if available, name(s)]: _ . (DOB: ■s. (DOB: 8) at ., NY >; .(DOB: 0; t- 1 GF-5 Page 2 0-05484-17 2017-000820 [ ] [11] Permit [specify individual]: to enter the residence at [specify ]:_during [specify date/time]: to remove personal belongings not in issue inwith [specify law enforcement agency, if any]:. litigation [specify items]: _ [ ] [04] Refrain from (indicate acts): that create an unreasonable risk to the health, safety, or welfare of [specify children), family or household members)]: [ ] [05] Permit [specify individual]: separation or other written agreement, to visit with [specify child(ren)]: during the following periods of time [specify]: _ following terms and conditions [specify]: entitled by a court order or under the [ ] [07] Temporary custody of [specify child(ren)]:_ awarded to [specify individual]:_ and conditions [specify]:_ _, shall be under the following terms [ ] [12] Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, including, but not limited to, the following: and do not obtain any further guns or other firearms. Such surrender shall take place immediately, but in no event later than [specify date/time]: [ ] [16] Promptly return or transfer the following identification documents: at [specify location]:_to the party protected by this Order NOT LATER in the following manner [specify manner or mode of return orTHAN [specify date/time]:. transfer]:_ [ ] Such documents shall be made available for use as evidence in this judicial proceeding. [ ] [Jointly owned documents or documents in both parties' names only]: the following documents) may be used as necessary for legitimate use by the defendant [specify]: [ ] Pay or provide access to health or medical insurance for necessary medical care and treatment arising from the incident or incidents forming the basis of the order [specify beneficiary of treatment and coverage] [ ] Pay counsel fees and/or any costs associated with the order to [specify person and terms] j [ ] Participate in a batterer's education program designed to help end violent behavior (and pay the costs thereof)[specify program]_ [ ] Pay to the petitioner/victim(s) restitution, as follows [specify terms]: __ (amount up to $10,000); [ ] [99] Observe such other conditions) as are necessary to futher the purposes of protection[specify conditions]:. license to cany, possess, repair, sell or otherwiseIt is further ordered that [ ] [13A] dispose of a firearm or firearms, if any, pursuant to Penal Law §400.00, is suspended and [ ] [13C] shall remain ineligible to receive a firearm license while this Order is in effect. It is further ordered that this temporary order of protection shall remain in force until and including August 28, 2018, but if you fail to appear in court on this date, the order may be extended and continue in effect until a new date set by the Court. Dated: August 28, 2017 ENTER JUDGE OF THE FAMILY COURT C-9 GF-5 Page 3 0-05484-17 2017-000820 PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST. The Family Court Act provides that presentation of a copy of this order of protection to any police officer or peace officer acting pursuant to his or her special duties authorizes, and sometimes requires such officer to arrest a person who is alleged to have violated its terms and to bring him or her before the court to face penalties authorized by law. Federal law requires that this order is effective outside, as well as inside, New York State. It must be honored and enforced by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, territory or possession of the United States, if the person restrained by the order is an intimate partner of the protected party and has or will be afforded reasonable notice and opportunity to be heard in accordance with state law sufficient to protect due process rights (18 U.S.C §§ 2265, 2266). It is a federal crime to: •cross state lines to violate this order or to stalk, harass or commit domestic violence against an intimate partner or family member; •buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they are on duty) ; and •buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition after a conviction of a domestic violence-related crime involving the use or attempted use of physical force or a deadly weapon against an intimate partner or family member, even after this Order has expired (18 U.S.C. §§ 922(g)(8), 922(g)(9), 2261, 2261A, 2262). Check Applicable Box(es): I ] Party against whom order was issued was advised in Court of issuance and contents of Order I J Order personally served in Court upon party against whom order was issued [ ] Service directed by other meansfspecify]: [ J [Modifications or extensions only]: Order mailed on [specify date and to whom mailed]: [ ] Warrant issued for party against whom order was issued[specify date]: [ ] ADDITIONAL SERVICE INFORMATION [specify]: t-3 F.C.A §§ 446, 551, 656, 842 & 105#- CJ 5;< 8/2010 OR1 No: NY061023J Order No: 20)3-000216 NYSIDNo: PRESENT: Honorable In the Matter of a FAMILY OFFENSE Proceeding File# D.ocket # Order of Protection (DOB: Petitioner, - against - • (DOB: i Respondent Both Parties Present In Court NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY Alt REST AND ' ' CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN l EARS FOR CRIMINAL CONTEMPT, AND/OR MAY SUBJECT YOU TO FAMILY COURT PROSECUTION AND INCARCERATION FOR UP TO SIX MONTHS FOR CONTEMPT OF COURT. A petition under Article 8 of the Family Court Act, having been filed on ! having been present in Court and advised of the issuance and contents of this Order, in this court and After I i raring, and i5?-:‘•• *. NOW, THEREFORE, IT IS HEREBY ORDERED that conditions of behavior ) observe the folk wingr (DOB:l fOl] Stay away from: [A] r(DOB: [BJ rhe home of [C] the school of [D] the business of [E] the place of employment of (DOB: (DOB: ■); 9: :(DOB: ■) r (DOB: f) 'may be except during court procect ings') Any other place• (DOB: ■ regarding litigation between the parties.; [1 4] Refrain from communication or any other contact by mail, telephone, e-mail, voice-mail or. other electronic or n y other ) Except for service of legal proceeding documents by a third pn son or mail [F] (other) ; (DOB:means with or except during legal proceedings in court; [02) Refrain from assault stalking, harassment aggravated harassment, menacing, reckless endangerment, strangulal on, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischi'f. sexual abuse, sexual misconduct I oreible touching, intimidation, threats or any criminal offense against [04] Refrain from anv acts of omission or commission that create an unreasonable risk to the health, safety or welfait ul 1 (DOB: ); [99] Observe such other conditions as are necessary to further the purposes of protection1 may be removed from the premises ( Personal property needs to be determined through civil court to the extent not agreed upon.; a: (DOB: ' ■); :(DOB: • ) by a third par ) . The • ') Personal property of C-M / 7 GF-5s Page 2 0-00122-13- It it further ordered thar this order of protection shell remain in force until and Including The Family Court Act provides that presentation ofa copy of this order of protection to any police officer or peace officer acting pursuant to his or her special duties authorizes, and sometimes requires such officer to arrest a person who is alleged to have violated Its terms and to bring him or her before the court to face penalties authorized by law. Federal law requires that this order is effective outside, as well as inside, New York State. It must be honored and enforced by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, territory or possession of the United States, if the person restrained by the order is an intimate partner of the protected patty and has or will bo afforded seasonable notice and opportunity to be heard in accordance with state law sufficient to protect due process rights (18 U.S.C §§ 2265, 2266). It is a federal crime to: » cross state lines to violate this order or to stalk, harass or commit domestic violence against an intimate partner or family member; •buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for'miiiiaiy or law enforcement officers but only while they are on duty); and •buy, possess or transfer a handgun, rifle, shotgun or other fircann or ammunition after a conviction of a domestic violenco-related erirpe involving the use or attempted use of physical force ora deadly weapon against an intimate partner or family member, even nfte< this Order has expired (18 U.S.C. §§ 922(g)(8). 922(g)(9), 2261, 2261A, 2262). PURSUANT TO SECTION 1113 OFTHE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT. 35 DAYS FROM THE DATE OF MAILING OFTHE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS/EAfylEST. Dated: ENTCfRi Honorable ” Check Applicable Box(es): (x| Pany against whom order was issued was advised in Court of issuance and contents of Order [| Order personally served in Court upon party against whom order was issued fxj Service directed.by Police Service |J [Modifications or extensions only]: Order mailed on [specify dale and to whom mailed): [ J Warrant issued for party against whom order was Issuedfspeeity date):- [J ADDITIONAL SERVICE INFORMATION [specify]:-- - -— - CCS CO » ; APPENDIX D d 1 Criminal Form 2 8/2010At a term of the County Court, County of Onondagaat the Courthouse at (address)_Syracuse,_State of NeORJ No.-Order No:NYSIDNo: CJTN No. _ w York ORDER OF PROTECTION Family Offenses - C.P.L. 530.12Present: Hon People of theState of New York •against- □ Youthful Offender (check if applicable) Index#Parti DR# Indictment No., if any:_ Charges_ (Check one): □ Ex parte SI Defendant Present in Court Defendant Date of Birth: NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST AND CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARS FOR CONTEMPT OFCOURT. IF THIS IS A TEMPORARY ORDER OF PROTECTION AND YOU FAIL TO APPEAR IN COURT WHEN YOU ARE REQUIRED TO DO SO, THIS ORDER MAY BE EXTENDED IN YOUR ABSENCE AND THEN CONTINUES IN EFFECT UNTIL A NEW DATE SET BY THE COURT. □ TEMPORARY ORDER OF PROTECTION. Whereas good cause has been shown for the issuance of a temporary order of protection [as a condition of □ recognizance□release on bail□adjournment in contemplation of dismissal], EJ ORDER OF PROTECTION. Whereas defendant has been convicted of [specify crime or violation]: And the Court having made a determination in accordance with section 530.13 of the Criminal Procedure Law, IT IS HEREBY ORDERED that the above-named defendant observe the following conditions of behavior (Check applicable paragraphs and subparagraphs): □ Stay away from □ [name(s) of protected person(s) or whness(es)]: ___ and/or from the □ home of □ school of D business of □ place of employment of □ other D Refrain from communication or any other contact by mail, telephone, e-mail, voice-mail or other electronic or any other means with [specify protected person(s)]: □ Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief, sexual abuse, sexual misconduct, forcible touching, intimidation, threats or any criminal offense or interference with the victim or victims of, or designated witnesses to, the alleged offense and such members of the family or household of such victim(s) or witness(es) as shall be specifically named [specify]: ; □ Refrain from intentionally injuring or killing without justification the following companion animal(s) (pet(s)) [specify type(s) and, if available, name(s)]: ; □ Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, including, but not limited to, the following: and do not obtain any further guns or other firearms. Such surrender shall take place immediately, but no later than [specify date/time]: at □ Specify other conditions defendant must observe for the purposes of protection: IT IS FURTHER ORDERED that the above-named Defendant's license to cany, possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Penal Law §400.00, is herebyD suspended or□ revoked (note: final order only), and/or□ the Defendant shall remain ineligible to receive a firearm license during the period of this order. (Check all applicable boxes). NOTE: If this paragraph is checked, a copy of this form must be sent to: New York State Police, Pistol Permit Section,State Campus Building #22, 1220 Washington Avenue, Albany, New York 12226-2252. IT IS FURTHER ORDERED that this order of protection shall remain in force until and including [specify date]: , but if you fail to appear in court on this date, the order may be extended and continue in effect until a new date set by the Court DATED: JUDGE /JUSTICE COUNTY COURT (COURT SEAL) SI Defendant advised in Court of issuance and contents of Order. SI Order personally served on Defendant in Court_ □ Order to be served by other means |specify]: _ □ Warrant issued for Defendant □ ADDITIONAL SERVICE INFORMATION: [specify]: The Criminal Procedure Law provides that presentation of a copy of this order of protection to any police officer or peace officer acting pursuant to bis or her special duties shall authorize, and in some situations may require, such officer to arrest a defendant who has violated its terms and to bring him or her before the Court to face penalties authorized by law. Federal law requires that this order must be honored and enforced by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, tenitoty or possession of the United States, if the person against whom the order is sought is an intimate partner of the protected party and has been or will be afforded reasonable notice and opportunity to be heard in accordance with state law sufficient to protect that person's rights (18 U.S.C. §§2265, 2266). It is a federal crime to: •cross state lines to violate this order or to stalk, harass or commit domestic violence against an intimate partner or family member; * buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they are on duty); and •buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition after a conviction of a domestic violence-related crime involving the use or attempted use of physical force or a deadly weapon against an intimate partner or family member, even after this Order has expired. (18 U.S.C. • '922(g)(8), 922(g)(9), 2261, 2261A, 2262). (Defendant's signature) r\ i 1Criminal Form 2 8/2010 At a term of the County Court, County of Onondaga at the Courthouse at (address)_Syracuse,_State of New York ORI No: Order No: NYSID No: CJTN No. _ ORDER OF PROTECTION Non-Family Offense- C.P.L. 530.13’ (Not involving victims of domestic violence) □ Youthful Offender (check if applicable) Index# Present: Hon People of the State of New York -against- Partl DR# Indictment No., if any:_ Charges _ (Check one): □ Ex parte 0 Defendant Present in Court Defendant Date of Birth: NOTICE: YOUR FAILURE TO OBEY THIS ORDER MAY SUBJECT YOU TO MANDATORY ARREST AND CRIMINAL PROSECUTION, WHICH MAY RESULT IN YOUR INCARCERATION FOR UP TO SEVEN YEARS FOR CONTEMPT OF COURT. IF THIS IS A TEMPORARY ORDER OF PROTECTION AND YOU FAIL TO APPEAR IN COURT WHEN YOU ARE REQUIRED TO DO SO, THIS ORDER MAY BE EXTENDED IN YOUR ABSENCE AND THEN CONTINUES IN EFFECT UNTIL A NEW DATE SET BY THE COURT. □ TEMPORARY ORDER OF PROTECTION. Whereas good cause has been shown for the issuance of a temporary order of protection [as a condition of □ recognizance□release on bail□adjournment in contemplation of dismissal], El ORDER OF PROTECTION. Whereas defendant has been convicted of [specify crime or violation]: SEX ABUSE FIRST DEGREE And the Court having made a determination in accordance with section 330.13 of the Criminal Procedure Law, IT IS HEREBY ORDERED that the above-named defendant observe the following conditions of behavior (Check applicable paragraphs and subparagraphs): 13 Stay away from El [name($) of protected person(s) or witness(es)!: and/or from the E3 home of El school of El business of B place of employment of □ other _ _ £3 Refrain from communication or any other contact by mail, telephone, e-mail, voice-mail or other electronic or any other means with [specify protected person(s)]: El Refrain from assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangulation, criminal obstruction of breathing or circulation, disorderly conduct, criminal mischief sexual abuse, sexual misconduct, forcible touching, intimidation, threats or any criminal offense or interference with the victim or victims of, or designated witnesses to, the alleged offense and such members of the family or household of such victim(s) or witness(es) as shall be specifically named [specify]: □ Refrain from intentionally injuring or killing without justification the following companion anima!(s) (pet(s)) [specify type(s) and, if available, name(s)]: □ Surrender any and all handguns, pistols, revolvers, rifles, shotguns and other firearms owned or possessed, including, but not limited to, the following: firearms. Such surrender shall take place immediately, but no later than [specify date/time]: i ; and do not obtain any further guns or other at: □ Specify other conditions defendant must observe for the purposes of protection: IT IS FURTHER ORDERED that the above-named Defendant's license to carry, possess, repair, sell or otherwise dispose of a firearm or firearms, if any, pursuant to Penal Law §400.00, is herebyO suspended or 0 revoked (note: final order only), and/or £3 the Defendant shall remain ineligible to receive a firearm license during the period of this order. (Check all applicable boxes). NOTE: If this paragraph is checked, a copy of this form must be sent to: New York State Police, Pistol Permit Section, State Campus Building #22, 1220 Washington Avenue, Albany, New York 12226-2252. IT IS FURTHER ORDERED that this order of protection shall remain in force until and including [specify date]: , but if you fail to appear in court on this date, the order may be extended and continue in effect until a new date set by the Court DATED:06/09/2015 JUDGE /JUSTICE COUNTY COURT (COURT SEAL) 0 Defendant advised in Court of issuance and contents of Order. 0 Order personally served on Defendant in Court_ □ Order to be served by other means [specify]: _ □ Warrant issued for Defendant □ ADDITIONAL SERVICE INFORMATION: [specify]: The Criminal Procedure Law provides that presentation of a copy of this order of protection to any police officer or peace officer acting pursuant to his or her special duties shall authorize, and in some situations may require, such officer to arrest a defendant who has violated its terms and to bring him or her before the Court to free penalties authorized by law. Federal law requires that this order must be honored and enforced by state and tribal courts, including courts of a state, the District of Columbia, a commonwealth, territoo' or possession of the United States, if the person against whom the order is sought is an intimate partner of the protected party and has been or will be afforded reasonable notice and opportunity to be heard in accordance with state law sufficient to protect that person's rights (18 U.S.C. §§2263, 2266). It is a federal crime to: * cross state lines to violate this order or to stalk, harass or commit domestic violence against an intimate partner or family member, * buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition while this Order remains in effect (Note: there is a limited exception for military or law enforcement officers but only while they are on duty); and * buy, possess or transfer a handgun, rifle, shotgun or other firearm or ammunition after a conviction of a domestic violence-related crime involving the use or attempted use of physical force or a deadly weapon against an intimate partner or family member, even after this Order has expired. (18 U.S.C. 1 -922(gX8), 922(g)(9), 2261, 2261A, 2262). (Defendant's signature) A-P-