Rosenthal Electronic Order of Protection Reform Goes Statewide
Bill passes Assembly as successful pilot nears conclusion
New York, NY – Legislation introduced by New York State Assemblymember Linda B. Rosenthal (D/WF, Manhattan) allowing family courts to process order of protection notices, more commonly referred to as restraining orders, through electronic means passed the Assembly by a 141-0 margin. Currently, these documents must be delivered to a law enforcement entity by either a court official or by the victim, who may be under considerable personal duress. Rosenthal initially passed legislation creating a pilot program to study this change in select New York counties in 2007.
"Orders of protection are not enforceable until served," said Assemblymember Rosenthal. "This measure expedites the court’s antiquated method of delivery by ensuring the police receive the necessary paperwork without delay. Prompt service and immediate notification to law enforcement can make the difference between keeping a victim safe and exposing them to further harm. New York's domestic violence victims cannot wait."
Passed during the Assembly's Crime Victims Week, bill A. 10410, will allow victims to initiate the order of protection process at a shelter or family justice center and outside the stressful environment of the courtroom. This method would provide a faster and more reliable way of delivering orders to law enforcement, enabling them to proceed expeditiously and enhance victim safety.
“For victims of domestic violence, time is always of the essence,” said Rosenthal. “Serving an order of protection can prove challenging enough with defendants attempting to avoid service. We must do all we can to enhance the safety of all New Yorkers."
Assemblymember Rosenthal passed legislation in 2007 that authorized the creation of pilot program in several counties, including Albany, Erie, Monroe, Nassau, Onondonga, Westchester, Kings, New York and Richmond to study this innovation. The pilot was set to expire in July.
Assemblymember Rosenthal (D/WF) represents the Upper West Side of Manhattan and parts of Clinton/Hell’s Kitchen.