The 2013 New York Legislature amended
Domestic Relations Law, the Family Court Act and the Criminal Procedure Law,
to protect victims of domestic abuse by recognizing, as family offenses,
some forms of economic abuse perpetrated against victims by their abusers.
Family Court Act, §812 (1), Family Court
Act § 821 (1) (a), Criminal Procedure Law § 530.11, were amended to add as
family offenses, identity theft in the first degree, identity theft in the
second degree and identity theft in the third degree (Penal Law §190.80,
§190.79 and §190.38), grand larceny in the third degree and grand larceny in
the forth degree ( Penal Law §155.35 and §155 30), and coercion in the
second degree (Penal Law § 135.60, subdivisions one, two and three.) Laws of
2013, Ch 526, effective December 18, 2013. See NY Legis Memo 526 (2013)
Domestic Relations Law § 240 (3) (a),
Domestic Relations Law § 252, Family Court Act § 446, Family Court Act §
551, Family Court Act § 656, Family Court Act § 842, Family Court Act §
1056, and Criminal Procedure Law § 530.12 were amended to provide that an
order of protection may require the petitioner or respondent to promptly
return specified identification documents to the protected party, in whose
favor the order of protection or temporary order of protection is issued.
"Identification document" means any of the following exclusively in the name
of the protected party: birth certificate, passport, social security card,
health insurance or other benefits card, a card or document used to access
bank, credit or other financial accounts or records, tax returns, any
driver's license, and immigration documents including but not limited to a
United States permanent resident card and employment authorization document.
Upon motion and after notice and an opportunity to be heard, "Identification
document" means any of the following, including those that may reflect joint
use or ownership, that the court determines are necessary and are
appropriately transferred to the protected party: any card or document used
to access bank, credit or other financial accounts or records, tax returns,
and any other identifying cards and documents. The order may include any
appropriate provision designed to ensure that any such document is available
for use as evidence in the proceeding, and available if necessary for
legitimate use by the party against whom the order is issued; and specify
the manner in which such return shall be accomplished. Laws of 2013, Ch 526,
effective December 18, 2013. See NY Legis Memo 526 (2013)
The 2013 legislature amended the domestic relations law,
the family court act and the criminal procedure law to protect victims of
domestic violence from being charged with and prosecuted for violating their
own order of protection.
Among other statutes amended Domestic Relations
Law § 240, (3) (b) was amended and a new paragraph i was added. Domestic
Relations Law §252 (2) was amended and a new subdivision 9-a was added.
The amendments make it clear that victims
cannot be prosecuted for violating orders of protection issued in their
favor, and are intended to clarify that the protected party in whose favor
the order of protection or temporary order of protection is issued may not
be held to violate an order issued in his or her favor and that such
protected party may not be arrested for violating such an order. The
amendments require a notice in orders of protection that make it clear that
the order of protection will remain in effect even if the protected party
has, or consents to have, contact or communication with the restrained party
and that the protected party cannot be held to violate an order issued in
his/her favor nor can such party be arrested for violating such an order.
The amendments were enacted November 13, 2013 and apply to all orders of
protection regardless of when such orders were issued, except for sections
of the law that require the addition of a notice on the order of protection,
which sections are effective on January 12, 2013, and shall apply to orders
issued on or after such effective date. Laws of 2013, Ch 480, effective
November 13, 2013.
2013 New York Legislation Restricts Parental Rights of Sexual Perpetrators When a Child Is Born as a Result of Sexual Offenses.
Domestic Relations Law 240 (1-c) was amended to provide that there shall be a rebuttable presumption that it is not in the best interests of the child to be placed in the custody of or to visit with a person who has been convicted (in this state or in another jurisdiction) of one or more of the following sexual offenses, when a child who is subject of the proceeding was conceived as a result: rape in the first or second degree; course of sexual conduct against a child in the first degree; predatory sexual assault; or predatory sexual assault against a child. Laws of 2013, Ch 371, §1, effective immediately.
Domestic Relations Law 111-a (1) was amended to provide that a person who has been convicted (in this state or in another jurisdiction) of rape in the first or second degree; course of sexual conduct against a child in the first degree; predatory sexual assault; or predatory sexual assault against a child shall not be entitled to receive notice of adoption proceedings, when the child subject to these proceedings was conceived as the result of the sexual offenses committed. Laws of 2013, Ch 371, §2, effective immediately.
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