NCJ Number
60399
Journal
Trial Volume: 15 Issue: 8 Dated: (AUGUST 1979) Pages: 28-31
Date Published
1979
Length
4 pages
Annotation
ORDERS OF PROTECTION, ISSUED UNDER THE NEW YORK FAMILY COURT ACT OF 1962, ARE EASILY AND IMMEDIATELY ENFORCEABLE REMEDIES TO THE PROBLEM OF SPOUSE ABUSE.
Abstract
THE ORDER OF PROTECTION, SETTING FORTH REASONABLE AND ENFORCEABLE CONDITIONS OF BEHAVIOR, IS ISSUED TO SUPPLEMENT THE OTHER REMEDIES AVAILABLE UNDER THE ACT. UNLIKE SUSPENDED JUDGMENT, THE ORDER OF PROTECTION AUTHORIZES STRINGENT SANCTIONS FOR NONCOMPLIANCE. IF THE HUSBAND CONTINUES HIS ABUSIVE CONDUCT AFTER ISSUANCE OF THE ORDER, HE MAY BE SENTENCED TO A JAIL TERM OF UP TO 6 MONTHS. THE THREAT OF PENALTY ALMOST ALWAYS LEADS TO FULL COMPLIANCE WITH THE COURT'S DIRECTIVES, AVOIDING SUCH EXTREME MEASURES AS DEPRIVING THE PARENT OF CUSTODY. THE ORDER OF PROTECTION IS EASILY AND IMMEDIATELY ENFORCEABLE. WHEN THE ORDER IS MADE, A CERTIFICIATE OF ITS ISSUANCE IS DELIVERED TO THE PERSON WHO IS TO BE PROTECTED AND ENABLES THE HOLDER TO OBTAIN THE ASSISTANCE OF A POLICE OFFICER IF THE ORDER IS VIOLATED. BY PROVIDING THE POLICE WITH A CIVIL WARRANT FOR SWIFT ACTION, THE ORDER HAS THE ADDITIONAL EFFECT OF ELIMINATING THE NEED FOR SUPPLEMENTAL COURT PROCEEDINGS. IT ALSO SERVES AS AN INCENTIVE TO COMPLIANCE WITH DESIRABLE STANDARDS OF BEHAVIOR WITHOUT RESORTING TO PENAL MEASURES. ALTHOUGH IT DOES HAVE DRAWBACKS, SUCH AS THE POSSIBILITY OF ABUSE IN THE SEEKING, ISSUING, AND ENFORCING OF THE ORDER, THERE IS UNANIMOUS JUDICIAL AGREEMENT THAT AN ORDER OF PROTECTION CONSTITUTES A FLEXIBLE AND EFFECTIVE TOOL FOR USE IN CASES OF SPOUSE ABUSE WHERE OTHER REMEDIES HAVE FAILED. LIMITATIONS OF THE ORDER ARE DISCUSSED. THE ARTICLE IS ILLUSTRATED (MJW)