Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
8382
2025-2026 Regular Sessions
I N S E N A T E
June 6, 2025
___________
Introduced by Sen. S. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the family court act, in relation to orders of
protection in child abuse and neglect proceedings in family court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subdivision 1 of section 1056 of
the family court act, as amended by chapter 526 of the laws of 2013, is
amended to read as follows:
The court may [make] ISSUE an order of protection in assistance or as
a condition of any other order made under this part. Such order of
protection shall remain in effect concurrently with, shall expire no
later than the expiration date of, and may be extended concurrently
with, such other order made under this part, except as provided in
subdivision four AND SUBDIVISION FOUR-A of this section. The order of
protection may set forth reasonable conditions of behavior to be
observed for a specified time by a person who is before the court and is
a parent or a person legally responsible for the child's care or the
spouse of the parent or other person legally responsible for the child's
care, or both. Such an order may require any such person:
§ 2. Section 1056 of the family court act is amended by adding a new
subdivision 4-a to read as follows:
4-A. THE COURT MAY ISSUE AN ORDER OF PROTECTION AGAINST A PERSON WHO
WAS A MEMBER OF THE CHILD'S HOUSEHOLD OR A PERSON LEGALLY RESPONSIBLE AS
DEFINED IN SECTION ONE THOUSAND TWELVE OF THIS ARTICLE AND WHO IS NOT A
PARENT OF THE CHILD, INDEPENDENTLY OF ANY OTHER ORDER MADE UNDER THIS
PART WHICH MAY CONTAIN ANY PROVISION AUTHORIZED UNDER SUBDIVISION ONE OF
THIS SECTION. SUCH ORDER OF PROTECTION ISSUED UNDER THIS SECTION MAY
REMAIN IN EFFECT FOR A PERIOD OF UP TO TWO YEARS OR, IF THE COURT FINDS
SPECIAL CIRCUMSTANCES, A PERIOD OF UP TO FIVE YEARS. FOR PURPOSES OF
THIS SECTION, "SPECIAL CIRCUMSTANCES" SHALL MEAN PHYSICAL INJURY OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13198-01-5
S. 8382 2
SERIOUS PHYSICAL INJURY CAUSED BY THE RESPONDENT TO THE PROTECTED PERSON
OR PERSONS OR ANY MINOR CHILD, THE USE OF A DANGEROUS INSTRUMENT BY THE
RESPONDENT AGAINST THE PROTECTED PERSON OR PERSONS OR ANY MINOR CHILD, A
HISTORY OF VIOLATIONS OF ORDERS OF PROTECTION BY THE RESPONDENT, PRIOR
CONVICTIONS FOR CRIMES AGAINST THE PROTECTED PERSON OR PERSONS OR A
MINOR CHILD BY THE RESPONDENT OR THE EXPOSURE BY THE RESPONDENT OF THE
PROTECTED PERSON OR PERSONS OR A MINOR CHILD OR ANY FAMILY OR HOUSEHOLD
MEMBER TO PHYSICAL INJURY OR ACTS CONSTITUTING A SEX OFFENSE AS DEFINED
IN SUBDIVISION (E) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE AND
LIKE INCIDENTS, BEHAVIORS AND OCCURRENCES WHICH TO THE COURT CONSTITUTE
AN IMMEDIATE AND ONGOING DANGER TO THE PROTECTED PERSON OR PERSONS OR A
MINOR CHILD OR ANY FAMILY OR HOUSEHOLD MEMBER. SUCH ORDER OF PROTECTION
MAY BE EXTENDED INDEPENDENTLY OR CONCURRENTLY WITH, ANY ORDER ISSUED
UNDER THIS ARTICLE OR ARTICLE TEN-A OF THIS CHAPTER. SUCH ORDER SHALL BE
SUBJECT TO ANNUAL REVIEW, MODIFICATION OR VACATUR BY THE COURT, UPON
MOTION BY ANY PARTY AS PROVIDED HEREIN. THE TOTAL PERIOD OF SUCH ORDER
SHALL BE NO MORE THAN TWO YEARS, OR IF THERE WAS A SPECIAL CIRCUMSTANCES
FINDING, FIVE YEARS FROM THE DATE OF THE INITIAL ORDER.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.Every fact on this page links to its source, starting with the official bill record.