Paulin’s Bill Extending Orders of Protection Passes Assembly

The Assembly passed Assemblywoman Amy Paulin’s bill (A8807-B) to provide that orders of protection in domestic violence cases be issued on the date of sentencing, rather than the date of conviction as is currently required. The bill passed yesterday. A final order of protection is intended to provide protection to a victim or witness during the period following disposition of the case, when the defendant may no longer be subject to a temporary order of protection. “It makes no sense to require that the final order be issued upon conviction, when the defendant may lawfully be subject to a temporary order of protection right up until the date of sentencing,” said Assemblywoman Paulin. “This will extend the amount of time that victims of domestic violence are protected within the system.” The bill would cover victims who have experienced any crime or violation from a spouse, a parent, a child or members of the same family or household. If the bill passes the Senate and is signed by the governor, it would take effect 30 days after it becomes law. A recent study found that one in four women has experienced domestic violence in her lifetime, and nearly three out of four Americans personally know someone who is or has been a victim of domestic violence.i Here in New York State, approximately 450,000 domestic incidents are reported annually to police departments. ii


i The Centers for Disease Control and Prevention and the National Institute of Justice, Extent, Nature, and Consequences of Intimate Partner Violence, July 2000. Allstate Foundation National Poll on Domestic Violence, 2006,
http://www.ncdsv.org/images/1stAnnualAllstateNationalPollDVExecSum.pdf. Cited on the Domestic Violence Resource Center Web site,
www.dvrc-or.org/domestic/violence/resources/C61/#dom.
ii DCJS Domestic Incident Report Data, 2001-2002.
http://www.opdv.state.ny.us/help/fss/theproblem.html#facts