New York Criminal Procedure Law Code § 530.13

Protection of victims of crimes, other than family offenses
Open in Lexace · Ask the AI about this section
§ 530.13 Protection of victims of crimes, other than family offenses.\n  1. When any criminal action is pending, and the court has not issued a\ntemporary order of protection pursuant to section 530.12 of this\narticle, the court, in addition to the other powers conferred upon it by\nthis chapter, may for good cause shown issue a temporary order of\nprotection in conjunction with any securing order or an adjournment in\ncontemplation of dismissal. In addition to any other conditions, such an\norder may require that the defendant:\n  (a) stay away from the home, school, business or place of employment\nof the victims of, or designated witnesses to, the alleged offense;\n  (b) refrain from harassing, intimidating, threatening or otherwise\ninterfering with the victims of the alleged offense and such members of\nthe family or household of such victims or designated witnesses as shall\nbe specifically named by the court in such order;\n  (c) 1. to refrain from intentionally injuring or killing, without\njustification, any companion animal the defendant knows to be owned,\npossessed, leased, kept or held by such victim or victims or a minor\nchild residing in such victim's or victims' household.\n  2. "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  (d) 1. to refrain from remotely controlling any connected devices\naffecting the home, vehicle or property of the person protected by the\norder.\n  2. For purposes of this paragraph, "connected device" shall mean any\ndevice, or other physical object that is capable of connecting to the\ninternet, directly or indirectly, and that is assigned an internet\nprotocol address or bluetooth address.\n  In addition to the foregoing provisions, the court may issue an order,\npursuant to section two hundred twenty-seven-c of the real property law,\nauthorizing the party for whose benefit any order of protection has been\nissued to terminate a lease or rental agreement pursuant to section two\nhundred twenty-seven-c of the real property law.\n  2. The court may issue a temporary order of protection under this\nsection ex parte upon the filing of an accusatory instrument and for\ngood cause shown.\n  * 3. The court may issue or extend a temporary order of protection\nunder this section ex parte simultaneously with the issuance of a\nwarrant for the arrest of the defendant. Such temporary order of\nprotection may continue in effect until the day the defendant\nsubsequently appears in court pursuant to such warrant or voluntarily or\notherwise.\n  * NB Effective until August 25, 2026\n  * 3. The court may issue or extend a temporary order of protection\nunder this section ex parte simultaneously with the issuance of a\nwarrant for the arrest of the defendant. Such temporary order of\nprotection shall continue in effect until the day the defendant\nsubsequently appears in court pursuant to such warrant or voluntarily or\notherwise, unless there is a dismissal of the matter. The court shall\ninform the defendant when issuing the order of protection that it will\nremain in effect if the defendant fails to appear in court on a\nsubsequent court date. Provided, however, that the court may vacate such\norder if a defendant fails to appear at a subsequent court date if,\nafter providing the parties an opportunity to be heard, the court\ndetermines vacating the order of protection is in the interest of\njustice, in which case the vacatur shall be effective at such a time\nthat the attorney for the defendant files with the court a confirmation\nthat the defendant has acknowledged the conditional vacatur.\n  * NB Effective August 25, 2026\n  4. * Upon sentencing on a conviction for any offense, where the court\nhas not issued an order of protection pursuant to section 530.12 of this\narticle, the court may, in addition to any other disposition, including\na conditional discharge or youthful o

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.