{"jurisdiction": "us-ny", "code": "fca", "section": "847", "citation": "FCA § 847", "heading": "Procedures for violation of orders of protection; certain cases", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/FCT/847", "from_official_api": true, "plain_english": "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). ★\n\n---\n\n**★ Exam hits:**\n- **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.\n- **\"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.**\n- Fact-finding standard = **fair preponderance of the evidence** (civil).\n- Custody-clock: post-arrest custody hearing within **120 hours** (or **144 hours** if a Saturday/Sunday/legal holiday intervenes).\n- **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.\n- Disposition menu: dismiss; **suspend judgment ≤ 6 months**; **probation ≤ 1 year** + batterer's program; order of protection; **restitution ≤ $10,000.**\n- Order of protection duration: **up to 2 years**, or **up to 5 years** with aggravating circumstances or a violation-of-a-valid-order finding.\n- 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.**\n- Willful violation (§ 846-a): **up to 6 months' jail** for contempt; firearm revocation **mandatory** if physical injury or deadly weapon/dangerous instrument involved.\n- The **protected party can never violate or be arrested for violating** an order issued in their favor.\n- **Clerk duties:** issue the certificate of warrant, issue/transmit copies of orders of protection to correctional and probation/parole authorities, keep unserved-warrant records.\n\n\n---\n*Verbatim statute:* [[FCA - Article 8]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/fca/847", "publisher": "Elyphived LLC"}