Section 841. Orders of disposition  


Latest version.
  • At the conclusion of a dispositional
      hearing under this article, the court may enter an order:
        (a) dismissing the petition, if the allegations of  the  petition  are
      not established; or
        (b) suspending judgment for a period not in excess of six months; or
        (c) placing the respondent on probation for a period not exceeding one
      year,  and requiring respondent to participate in a batterer's education
      program designed  to  help  end  violent  behavior,  which  may  include
      referral to drug and alcohol counseling, and to pay the costs thereof if
      respondent  has  the  means  to  do  so,  provided  however that nothing
      contained herein shall be deemed to require payment of the costs of  any
      such  program  by the petitioner, the state or any political subdivision
      thereof; or
        (d) making an order of protection in accord with section eight hundred
      forty-two of this part; or
        (e) directing payment of restitution in an amount not  to  exceed  ten
      thousand  dollars.  An  order  of restitution may be made in conjunction
      with any order of disposition authorized under subdivisions (b), (c), or
      (d) of this section. In no case shall an order of restitution be  issued
      where  the  court  determines  that the respondent has already paid such
      restitution  as  part  of  the  disposition  or  settlement  of  another
      proceeding  arising  from  the  same act or acts alleged in the petition
      before the court.
        No order of protection may direct any party to observe  conditions  of
      behavior  unless the party requesting the order of protection has served
      and filed a petition or counter-claim in  accordance  with  section  one
      hundred fifty-four-b of this act. Nothing in this section shall preclude
      the  issuance  of  a temporary order of protection ex parte, pursuant to
      section eight hundred twenty-eight of this article.
        Nothing in this section shall preclude the issuance of both  an  order
      of  probation  and  an  order  of  protection  as  part  of the order of
      disposition.
        Notwithstanding the foregoing provisions, an order of  protection,  or
      temporary order of protection where applicable, may be entered against a
      former  spouse  and  persons  who  have a child in common, regardless of
      whether such persons have been married or have  lived  together  at  any
      time,  or against a member of the same family or household as defined in
      subdivision one of section eight hundred twelve of this article.