Relates to orders of protection in child abuse and neglect proceedings in family court

Longer court protection for abused children

In New York child abuse and neglect cases, Family Court can issue protection orders against certain nonparents without another court order. This covers people who were household members or are legally responsible for the child's care. Orders can last up to two years, or five years when the court finds special circumstances. These include physical or serious physical injury, use of a dangerous instrument, past protection-order violations, or convictions involving the protected person or a minor child. They also include exposure to injury or sex offenses, and similar conduct posing immediate, ongoing danger to protected people, children, or family or household members. Extensions can be separate or tied to another court order, but cannot exceed the total two- or five-year limit. Any party can request annual court review to change or end the order. The law also clarifies protection orders tied to other orders, covering parents, legally responsible caregivers, and their spouses before the court. Those orders can set reasonable behavior rules and generally run, expire, and extend alongside the underlying order, subject to statutory exceptions. The changes take effect 90 days after the law became law.