This text of New York § 846-A (Powers on failure to obey order) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 846-a. Powers on failure to obey order. If a respondent is brought\nbefore the court for failure to obey any lawful order issued under this\narticle or an order of protection or temporary order of protection\nissued pursuant to this act or issued by a court of competent\njurisdiction of another state, territorial or tribal jurisdiction and\nif, after hearing, the court is satisfied by competent proof that the\nrespondent has willfully failed to obey any such order, the court may\nmodify an existing order or temporary order of protection to add\nreasonable conditions of behavior to the existing order, make a new\norder of protection in accordance with section eight hundred forty-two\nof this part, may order the forfeiture of bail in a manner consistent\nwith article five hundred forty o
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§ 846-a. Powers on failure to obey order. If a respondent is brought\nbefore the court for failure to obey any lawful order issued under this\narticle or an order of protection or temporary order of protection\nissued pursuant to this act or issued by a court of competent\njurisdiction of another state, territorial or tribal jurisdiction and\nif, after hearing, the court is satisfied by competent proof that the\nrespondent has willfully failed to obey any such order, the court may\nmodify an existing order or temporary order of protection to add\nreasonable conditions of behavior to the existing order, make a new\norder of protection in accordance with section eight hundred forty-two\nof this part, may order the forfeiture of bail in a manner consistent\nwith article five hundred forty of the criminal procedure law if bail\nhas been ordered pursuant to this act, may order the respondent to pay\nthe petitioner's reasonable and necessary counsel fees in connection\nwith the violation petition where the court finds that the violation of\nits order was willful, and may commit the respondent to jail for a term\nnot to exceed six months. Such commitment may be served upon certain\nspecified days or parts of days as the court may direct, and the court\nmay, at any time within the term of such sentence, revoke such\nsuspension and commit the respondent for the remainder of the original\nsentence, or suspend the remainder of such sentence. If the court\ndetermines that the willful failure to obey such order involves violent\nbehavior constituting the crimes of menacing, reckless endangerment,\nassault or attempted assault and if such a respondent is licensed to\ncarry, possess, repair and dispose of firearms pursuant to section\n400.00 of the penal law, the court may also immediately revoke such\nlicense and may arrange for the immediate surrender pursuant to\nsubparagraph (f) of paragraph one of subdivision a of section 265.20 and\nsubdivision six of section 400.05 of the penal law, and disposal of any\nfirearm such respondent owns or possesses. If the willful failure to\nobey such order involves the infliction of physical injury as defined in\nsubdivision nine of section 10.00 of the penal law or the use or\nthreatened use of a deadly weapon or dangerous instrument, as those\nterms are defined in subdivisions twelve and thirteen of section 10.00\nof the penal law, such revocation and immediate surrender pursuant to\nsubparagraph (f) of paragraph one of subdivision a of section 265.20 and\nsubdivision six of section 400.05 of the penal law six and disposal of\nany firearm owned or possessed by respondent shall be mandatory,\npursuant to subdivision eleven of section 400.00 of the penal law.\n