November 6, 2002
TO: Judges and Clerks of the Supreme Court
Judges and Clerks in Courts of Criminal Jurisdiction
Judges and Clerks of the Family Court
FROM: Jonathan Lippman
SUBJECT: Uniform Order of Protection Forms for Use in Supreme, County,
Family, District, City, Criminal, Town and Village Courts
The attached Administrative Order, effective immediately, rescinds Family
Court General Forms 5 and 5-a, Supreme Court Forms 1 and 2 and Criminal Forms 1
and 2 and replaces them with new Family Court General Forms 5 and 5-a, Supreme
Court Forms 1 and 2 and Criminal Forms 1 and 2. Orders of protection issued on
the rescinded forms remain valid, but all new orders should be issued on the new
forms. These uniform forms must be used in all courts issuing orders of
protection throughout the State of New York. See Criminal Procedure
Law §§530.12(12), 530.13(5); Domestic Relations Law §240(3)(d); Family Court
Act §814-a.
Revisions were made primarily to Criminal Forms 1
and 2 to conform to requirements of Chapter 462 of the Laws of 2002. Criminal
Form 1 has been revised to cover all domestic violence orders of protection
required to be entered onto the statewide registry of orders of protection,
whether issued pursuant to Criminal Procedure Law §530.12 or §530.13; Criminal
Form 2, which does not contain the registry computer codes, has been revised to
cover only those non-domestic violence orders of protection issued pursuant to
Criminal Procedure Law §530.13 that are not required to be entered onto the
registry. Effective November 20, 2002, Chapter 462 requires entry onto the
statewide registry of orders of protection of those orders issued in criminal
proceedings pursuant to Criminal Procedure Law §530.13 to protect victims of
domestic violence, as defined by Social Services Law §459-a. Social Services
Law §459-a, inter alia, defines victims of domestic violence to
include cases in which the act or acts of domestic violence have been or are
alleged to have been committed by a "family or household member" of
the victim. In addition to the categories already covered by the family offense
provisions of Criminal Procedure Law §530.12, "family or household member"
is defined to include two additional categories covered by Criminal Procedure
Law §530.13 - that is, "unrelated persons who are continually or at
regular intervals living in the same household or who have in the past
continually or at regular intervals lived in the same household," and,
incorporating regulations of the New York State Office of Children and Family
Services by reference, "unrelated persons who have had intimate or
continuous social contact with one another and who have access to one another's
household." [18 NYCRR 452.2(g)]. The statute further requires criminal
courts, when issuing such orders of protection, to make inquiry as to the
existence of other orders of protection issued with respect to the parties.
Thus, with the exception of orders between strangers or non-intimate partners,
including orders to protect crime witnesses or to prevent neighbor harassment,
most orders of protection, both temporary and final, issued pursuant to
Criminal Procedure Law §530.13, will have to be entered onto the domestic violence
registry and will, therefore, require use of Criminal Form 1.
The following additional changes have been made in the orders of protection forms:
1. The phrase "handguns, pistols, revolvers, rifles, shotguns and other firearms" has been added to the surrender condition in each of the forms in order to clarify the fact that the firearms surrender statutes cover long guns and are not limited to "firearms," as defined in Penal Law §265.00(3). See Criminal Procedure Law §530.14; Family Court Act §§842-a, 846-a; Domestic Relations Law §§240(3)(e), 252(9).
2. The phrase "handgun, rifle, shotgun or other firearm or ammunition" has been added to the warning in each of the forms regarding the federal firearms crimes, that is, the prohibitions against individuals possessing, purchasing, transferring, shipping or receiving any type of firearms and ammunition, if they have an order of protection in effect or have been convicted of a domestic violence misdemeanor. See 18 U.S.C. §§922(g)(8), (9).
3. The condition prohibiting communication in each of the forms has been re-worded to read "[r]efrain from communication or any other contact by mail, telephone, e-mail, voice-mail or other means with [specify protected person(s)]:"
4. The condition regarding entry into a residence to pick up belongings, contained in Criminal Form 1, Family Court General Forms 5 and 5-a and Supreme Court Forms 1 and 2, has been revised to add space for inclusion of the specific address of the residence, items to be picked up and law enforcement agency, if any, that has been directed to accompany the individual.
5. A box has been added in which to indicate whether a warrant has been issued for a defendant or respondent. See Criminal Procedure Law §§530.12 (4), 530.13 (3); Family Court Act §§821-a(2)(a), 827; Domestic Relations Law §240(3-b).
6. The "catch-all" provision (Box 99) in Criminal Forms 1 and 2 has been revised to require specification of "other conditions defendant must observe" in order to clarify that the provision is to be used for conditions imposed against the defendant, not the complainant. See Criminal Procedure Law §§530.12(1), 530.12(5), 530.13(1), 530.13(4).
These forms will be distributed in hard copy and
will be posted on the Unified Court System CourtNet (Groupwise) intranet
web-site, as well as its internet web-site (http://www.courts.state.ny.us).
Please replace the existing forms with the newly promulgated forms.
cc.:
Hon. Joseph J. Traficanti, Jr.
Hon.
Joan B. Carey
Hon. Ann
Pfau
Administrative Judges
ADMINISTRATIVE ORDER OF THE
CHIEF
ADMINISTRATIVE JUDGE
Pursuant to sections 10.40, 530.12(12) and 530.13(5) of the Criminal Procedure Law, sections 214 and 814-a of the Family Court Act, section 240(3)(d) and section 212 of the Judiciary Law, I hereby rescind the following forms for use in Supreme Court, Family Court and criminal proceedings in the courts of the State of New York:
Criminal Form 1 Order of Protection (Family Offense)
Criminal Form 2 Order of Protection (Non-Family Offense)
Family Court General Form 5 Temporary Order of Protection
Family Court General Form 5-a Order of Protection
Supreme Court Form 1 Temporary Order of Protection
Supreme Court Form 2 Order of Protection
I hereby prescribe the following forms for use in Supreme Court, Family Court and criminal proceedings in the courts of the State of New York:
Criminal Form 1 Order of Protection (Family Offenses; Other Domestic Violence Crimes)
Criminal Form 2 Order of Protection (Non-Family Offenses Not Involving Victims of Domestic Violence)
Family Court General Form 5 Temporary Order of Protection
Family Court General Form 5-a Order of Protection
Supreme Court Form 1 Temporary Order of Protection
Supreme Court Form 2 Order of Protection
CHIEF ADMINISTRATIVE JUDGE OF THE COURTS
Dated: November 7, 2002
AO/368 /2002