Procedures for violation of orders of protection; certain cases
§ 847. Procedures for violation of orders of protection; certain cases. An assault, attempted assault or other family offense as defined in section eight hundred twelve of this article which occurs subsequent to the issuance of an order of protection under this article shall be deemed a new offense for which the petitioner may file a petition alleging a violation of an order of protection or file a new petition alleging a new family offense and may seek to have an accusatory instrument filed in a criminal court, as authorized by section one hundred fifteen of this act.
An assault, attempted assault, or other family offense occurring after an order of protection is issued is a NEW offense — the petitioner may file a violation petition, a new family-offense petition, and/or seek a criminal accusatory instrument (§ 115). ★
★ Exam hits:
Concurrent jurisdiction between Family Court and criminal courts — except Family Court has exclusive jurisdiction if the respondent is too young for criminal responsibility (PL § 30.00). Choosing one court never divests the other.
"Family/household member" covers blood/marriage relatives, current/former spouses, child-in-common, and intimate relationships (need not be sexual; casual/business contacts excluded). "Disorderly conduct" here includes conduct not in a public place.
Fact-finding standard = fair preponderance of the evidence (civil).
Custody-clock: post-arrest custody hearing within 120 hours (or 144 hours if a Saturday/Sunday/legal holiday intervenes).
Certificate of warrant expires in 90 days (clerk may renew); summons served at least 24 hours before appearance; on request, no hearing earlier than 3 days after service.
Disposition menu: dismiss; suspend judgment ≤ 6 months; probation ≤ 1 year + batterer's program; order of protection; restitution ≤ $10,000.
Order of protection duration: up to 2 years, or up to 5 years with aggravating circumstances or a violation-of-a-valid-order finding.
Firearm surrender (§ 842-a): TOP → suspend; order of protection → revoke; hearing (if order issued first) must start within 14 days; court notifies statewide registry + State Police in Albany.
Willful violation (§ 846-a): up to 6 months' jail for contempt; firearm revocation mandatory if physical injury or deadly weapon/dangerous instrument involved.
The protected party can never violate or be arrested for violating an order issued in their favor.
Clerk duties: issue the certificate of warrant, issue/transmit copies of orders of protection to correctional and probation/parole authorities, keep unserved-warrant records.
Verbatim statute: FCA - Article 8
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 5 — The JG-22 Family Court Act and in Volume 1 — The JG-22 in Plain English.