Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court; provides that such hearing shall be scheduled no later than 14 days after the temporary order is issued.
STATE OF NEW YORK
________________________________________________________________________
1898
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. WALSH, DeSTEFANO, BLANKENBUSH, McDONOUGH, MORI-
NELLO, MILLER, J. M. GIGLIO, BYRNES, SIMPSON, DURSO -- Multi-Sponsored
by -- M. of A. ANGELINO, GALLAHAN, PALMESANO, TAGUE -- read once and
referred to the Committee on Judiciary
AN ACT to amend the family court act, in relation to the scheduling of a
fact finding hearing after the issuance of a temporary order of
protection in family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 828 of the family court act is
2 amended by adding a new paragraph (c) to read as follows:
3 (c) Upon issuing a temporary order of protection, the court shall
4 schedule a first appearance for purposes of a fact-finding hearing not
5 later than fourteen days after the temporary order of protection is
6 issued. If no hearing has been scheduled within fourteen days of the
7 issuance of the temporary order of protection, the temporary order of
8 protection issued pursuant to this section shall be deemed to have
9 expired and no longer be in effect.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02843-01-3
