Matter of H.I. v I.S.

Holding Family Court Act § 842’s durational limits apply only to orders of protection issued after fact-finding and dispositional hearings, not to those issued on consent. Consequently, a Family Court may issue a consent order of protection for a period exceeding two years without a judicial finding of aggravated circumstances or a violation of a prior order.

The court’s words

this court finds that Family Court Act § 842 only applies to orders of protection issued after fact-finding and dispositional hearings

90 Misc 3d 390, at the official text

the court may issue an order of protection on consent for a period of more than two years without a judicial finding of aggravated circumstances

90 Misc 3d 390, at the official text

there is no provision in the Family Court Act fixing the duration of an order of protection on consent

90 Misc 3d 390, at the official text

Family Court Act § 842 does not address orders of protection on consent and cannot reasonably be interpreted to apply to them

90 Misc 3d 390, at the official text

the court must assume that the Legislature intentionally set no durational limitations for orders of protection on consent

90 Misc 3d 390, at the official text