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In the Absence of Finding of Aggravating Circumstances an Order of Protection Cannot Exceed Two Years

In a family offense proceeding, the Second Department noted that Supreme Court did not make the finding of aggravating circumstances required for an order of protection which exceeds two years:

The Supreme Court … failed to set forth any finding of aggravating circumstances “on the record and upon the order of protection,” as is required to issue an order of protection with a duration exceeding two years (Family Ct Act § 842), and insufficient evidence was presented at the hearing to support any finding of aggravating circumstances (see Family Ct Act § 827[a][vii]…). Therefore, the duration of the order of protection may not exceed two years … . Matter of Masciello v Masciello, 2015 NY Slip Op 05681, 2nd Dept 7-1-15

 

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