§ 841 — Orders of disposition

New York § 841

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 4: Orders
• Art. 8: Family Offenses Proceedings

Text

§ 841. Orders of disposition. At the conclusion of a dispositional\nhearing under this article, the court may enter an order:\n (a) dismissing the petition, if the allegations of the petition are\nnot established; or\n (b) suspending judgment for a period not in excess of six months; or\n (c) placing the respondent on probation for a period not exceeding one\nyear, and requiring respondent to participate in a batterer's education\nprogram designed to help end violent behavior, which may include\nreferral to drug and alcohol counseling, and to pay the costs thereof if\nrespondent has the means to do so, provided however that nothing\ncontained herein shall be deemed to require payment of the costs of any\nsuch program by the petitioner, the state or any political subdivision\nthereof; or\n (d) making an order of protection in accord with section eight hundred\nforty-two of this part; or\n (e) directing payment of restitution in an amount not to exceed ten\nthousand dollars. An order of restitution may be made in conjunction\nwith any order of disposition authorized under subdivisions (b), (c), or\n(d) of this section. In no case shall an order of restitution be issued\nwhere the court determines that the respondent has already paid such\nrestitution as part of the disposition or settlement of another\nproceeding arising from the same act or acts alleged in the petition\nbefore the court.\n No order of protection may direct any party to observe conditions of\nbehavior unless the party requesting the order of protection has served\nand filed a petition or counter-claim in accordance with section one\nhundred fifty-four-b of this act. Nothing in this section shall preclude\nthe issuance of a temporary order of protection ex parte, pursuant to\nsection eight hundred twenty-eight of this article.\n Nothing in this section shall preclude the issuance of both an order\nof probation and an order of protection as part of the order of\ndisposition.\n Notwithstanding the foregoing provisions, an order of protection, or\ntemporary order of protection where applicable, may be entered against a\nformer spouse and persons who have a child in common, regardless of\nwhether such persons have been married or have lived together at any\ntime, or against a member of the same family or household as defined in\nsubdivision one of section eight hundred twelve of this article.\n