N.Y. Fam. Ct. Act § 352.3

Current through 2024 NY Law Chapters 1-49, 52, and 61-117
Section 352.3 - Order of protection
(1) Upon the issuance of an order pursuant to section 315.3 or the entry of an order of disposition pursuant to section 352.2, a court may enter an order of protection against any respondent for good cause shown. The order may require that the respondent:
(a) stay away from the home, school, business or place of employment of the victims of the alleged offense; or
(b) refrain from harassing, intimidating, threatening or otherwise interfering with the victim or victims of the alleged 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; or
(c) refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the person protected by the order or a minor child residing in such person's household; or
(d) refrain from remotely controlling any connected devices affecting the home, vehicle or property of the person protected by the order. "Companion animal", as used in this subdivision, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law. "Connected device", as used in this subdivision, 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.
(1-a) Upon the issuance of an order pursuant to section 315.3 or the entry of an order of disposition pursuant to section 352.2, a court may, for good cause shown, enter an order of protection against any respondent requiring that the respondent refrain from engaging in conduct, against any designated witness specifically named by the court in such order, that would constitute intimidation of a witness pursuant to section 215.15215.16 or 215.17 of the penal law or an attempt thereof, provided that the court makes a finding that the respondent did previously, or is likely to in the future, intimidate or attempt to intimidate such witness in such manner.
(2) An order of protection shall remain in effect for the period specified by the court, but shall not exceed the period of time specified in any order of disposition or order adjourning a proceeding in contemplation of dismissal.

N.Y. Family Court Law § 352.3

Amended by New York Laws 2020, ch. 261,Sec. 1, eff. 11/11/2020.