BILL NUMBER: S3338
SPONSOR: ASHBY
 
TITLE OF BILL:
An act to amend the family court act, in relation to the scheduling of a
fact finding hearing after the issuance of a temporary order of
protection in family court
 
PURPOSE:
This legislation would ensure a timely process in dealing with matters
of temporary orders of protection by expediting the appearance process
to evaluate the validity of the petition.
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 828 of the family court act by creating subdi-
vision (c) which would ensure the court schedules a first appearance
following the issuance of a temporary order of protection within four-
teen days. If such hearing is not scheduled, the temporary order of
protection will no longer be in effect.
 
JUSTIFICATION:
While temporary orders of protection are important legal tools that
protect individuals from potential harm or distress, it is not uncommon
for such orders to be issued parte. Sometimes, in such instances, orders
of protection have displaced individuals from their homes with no other
option but to wait for the court to proceed with a fact finding hearing.
In some cases, individuals subject to the temporary order have been
forced to wait weeks or months before a first appearance is scheduled.
With no timeframe in place, individuals who must adhere to the temporary
orders of protection may be incurring hardship due to the petitioners'
unjust use of the temporary order.
 
LEGISLATIVE HISTORY:
2023-24: S.4251- referred to Judiciary
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.