§ 530.12 Protection for victims of family offenses.\n 1. When a criminal action is pending involving a complaint charging\nany crime or violation between spouses, former spouses, parent and\nchild, or between members of the same family or household, as members of\nthe same family or household are defined in subdivision one of section\n530.11 of this article, the court, in addition to any other powers\nconferred upon it by this chapter may issue a temporary order of\nprotection in conjunction with any securing order committing the\ndefendant to the custody of the sheriff or as a condition of any order\nof recognizance or bail or an adjournment in contemplation of dismissal.\n (a) In addition to any other conditions, such an order may require the\ndefendant: (1) to stay away from the home, school, business or place of\nemployment of the family or household member or of any designated\nwitness, provided that the court shall make a determination, and shall\nstate such determination in a written decision or on the record, whether\nto impose a condition pursuant to this paragraph, provided further,\nhowever, that failure to make such a determination shall not affect the\nvalidity of such temporary order of protection. In making such\ndetermination, the court shall consider, but shall not be limited to\nconsideration of, whether the temporary order of protection is likely to\nachieve its purpose in the absence of such a condition, conduct subject\nto prior orders of protection, prior incidents of abuse, past or present\ninjury, threats, drug or alcohol abuse, and access to weapons;\n (2) to permit a parent, or a person entitled to visitation by a court\norder or a separation agreement, to visit the child at stated periods;\n (3) to refrain from committing a family offense, as defined in\nsubdivision one of section 530.11 of this article, or any criminal\noffense against the child or against the family or household member or\nagainst any person to whom custody of the child is awarded, or from\nharassing, intimidating or threatening such persons;\n (4) to refrain from acts of commission or omission that create an\nunreasonable risk to the health, safety and welfare of a child, family\nor household member's life or health;\n (5) to permit a designated party to enter the residence during a\nspecified period of time in order to remove personal belongings not in\nissue in this proceeding or in any other proceeding or action under this\nchapter, the family court act or the domestic relations law;\n (6) (A) to refrain from intentionally injuring or killing, without\njustification, any companion animal the defendant knows to be owned,\npossessed, leased, kept or held by the victim or a minor child residing\nin the household.\n (B) "Companion animal", as used in this section, shall have the same\nmeaning as in subdivision five of section three hundred fifty of the\nagriculture and markets law;\n (7) (A) to promptly return specified identification documents to the\nprotected party, in whose favor the order of protection or temporary\norder of protection is issued; provided, however, that such order may:\n(i) include any appropriate provision designed to ensure that any such\ndocument is available for use as evidence in this proceeding, and\navailable if necessary for legitimate use by the party against whom such\norder is issued; and (ii) specify the manner in which such return shall\nbe accomplished.\n (B) For purposes of this subparagraph, "identification document" shall\nmean any of the following: (i) exclusively in the name of the protected\nparty: birth certificate, passport, social security card, health\ninsurance or other benefits card, a card or document used to access\nbank, credit or other financial accounts or records, tax returns, any\ndriver's license, and immigration documents including but not limited to\na United States permanent resident card and employment authorization\ndocument; and (ii) upon motion and after notic
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