Section 846-A. Powers on failure to obey order  


Latest version.
  • If a respondent is brought
      before the court for failure to obey any lawful order issued under  this
      article  or  an  order  of  protection  issued  by  a court of competent
      jurisdiction of another state, territorial or tribal jurisdiction  in  a
      proceeding  and  if,  after hearing, the court is satisfied by competent
      proof that the respondent has willfully failed to obey any  such  order,
      the  court  may modify an existing order to add reasonable conditions of
      behavior to the existing order  of  protection,  make  a  new  order  of
      protection in accordance with section eight hundred forty-two, may order
      the  forfeiture of bail in a manner consistent with article five hundred
      forty of the criminal procedure law if bail has been ordered pursuant to
      this act, may order the respondent to pay  the  petitioner's  reasonable
      and  necessary  counsel  fees  in connection with the violation petition
      where the court finds that the violation of its order was  willful,  and
      may  commit  the respondent to jail for a term not to exceed six months.
      Such commitment may be served upon certain specified days  or  parts  of
      days  as the court may direct, and the court may, at any time within the
      term of such sentence, revoke such suspension and commit the  respondent
      for  the remainder of the original sentence, or suspend the remainder of
      such sentence. If the court determines that the willful failure to  obey
      such   order  involves  violent  behavior  constituting  the  crimes  of
      menacing, reckless endangerment, assault or  attempted  assault  and  if
      such  a  respondent is licensed to carry, possess, repair and dispose of
      firearms pursuant to section 400.00 of the penal law, the court may also
      immediately revoke such  license  and  may  arrange  for  the  immediate
      surrender and disposal of any firearm such respondent owns or possesses.
      If  the  willful  failure  to obey such order involves the infliction of
      serious physical injury as defined in subdivision ten of  section  10.00
      of  the  penal  law  or  the use or threatened use of a deadly weapon or
      dangerous instrument, as those terms are defined in subdivisions  twelve
      and  thirteen  of  section  10.00  of the penal law, such revocation and
      immediate surrender and disposal of any firearm owned  or  possessed  by
      respondent shall be mandatory, pursuant to subdivision eleven of section
      400.00 of the penal law.