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Section 205.74 Terms and conditions of order in accordance with sections 841(b)-(e), 842 and 843 of the Family Court Act (family offenses).

(a) An order suspending judgment entered pursuant to section 841(b) of the Family Court Act shall contain at least one of the following terms and conditions directing the respondent to:

(1) stay away from the residence of the person against whom the family offense was committed;

(2) stay away from the place of employment or place of education attended by the person against whom the family offense was committed;

(3) abstain from communicating by any means, including, but not limited to, telephone, letter, e-mail or other electronic means with the person against whom the family offense was committed;

(4) abstain from repeating the conduct adjudicated a family offense at the fact-finding hearing;

(5) cooperate in seeking to obtain and in accepting medical or psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling or child guidance services, or participate in a batterer’s educational program designed to help end violent behavior, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program;

(6) allow medical or psychiatric treatment to be furnished to the person against whom the family offense was committed, or any other named family member or household member who is a dependent of the respondent and whose need for medical or psychiatric treatment was occasioned, in whole or in part, by the conduct adjudicated a family offense;

(7) cooperate with the person against whom the family offense was committed, the head of the household or parent, in maintaining the home or household;

(8) pay restitution in an amount not to exceed $10,000; or

(9) comply with such other reasonable terms and conditions as the court shall deem necessary or appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

(b) An order placing the respondent on probation in accordance with section 841(c) of the Family Court Act shall contain at least one of the following terms and conditions, directing the respondent to:

(1) observe one or more of the terms and conditions set forth in subdivision (a) of this section;

(2) meet with the assigned probation officer when directed to do so by that officer;

(3) cooperate with the assigned probation officer in arranging for and allowing visitation in the family residence or household; or

(4) cooperate in seeking to obtain and in accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling services, or participate in a batterer’s educational program designed to help end violent behavior, and permit the assigned probation officer to obtain information from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program;

(c) An order of protection entered in accordance with section 841(d) of the Family Court Act may, in addition to the terms and conditions enumerated in sections 842 and 842-a of the Family Court Act, require the petitioner, respondent or both, or, if before the court, any other member of the household, to:

(1) abstain from communicating by any means, including, but not limited to, telephone, letter, e-mail or other electronic means with the person against whom the family offense was committed;

(2) stay away from the place of employment or place of education attended by the person against whom the family offense was committed, of a child or a parent, or of another member of the same family or household;

(3) refrain from engaging in any conduct which interferes with the custody of a child as set forth in the order;

(4) cooperate in seeking to obtain and in accepting medical treatment, psychiatric diagnosis and treatment, alcoholism or drug abuse treatment, or employment or counseling services, or participate in a batterer’s educational program designed to help end violent behavior, and permit information to be obtained by the court from any person or agency from whom the respondent is receiving or was directed to receive such services or participate in such program;

(5) pay restitution in an amount not to exceed $10,000; or

(6) comply with such other reasonable terms and conditions as the court may deem necessary and appropriate to ameliorate the acts or omissions which gave rise to the filing of the petition.

(d) A copy of the order setting forth its duration and the terms and conditions imposed shall be furnished to the respondent and to the person or persons against whom the family offense was committed.

(e) Each order issued pursuant to section 828 or 841(b), (c), (d) or (e) of the Family Court Act shall contain a written statement informing the respondent that a failure to obey the order may result in commitment to jail for a term not to exceed six months. Each order issued pursuant to section 828 or 841(d) shall contain a written statement informing the respondent that a failure to obey the order may result in incarceration up to seven years.

Historical Note
Sec. filed Jan. 9, 1986; amds. filed: Jan. 31, 1995; Nov. 12, 1998; Feb. 5, 2001 eff. Jan. 31, 2001. Amended (a)(3), (c)(1).