9 Class 9 - Domestic Violence/Intimate Partner Abuse - October 27 9 Class 9 - Domestic Violence/Intimate Partner Abuse - October 27

9.1 Selected Statutes re: Domestic Violence 9.1 Selected Statutes re: Domestic Violence

 

 FCA § 812 Jurisdiction.

 

The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute 

 

disorderly conduct, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law 

 

between spouses or former spouses, or between parent and child or between members of the same family or household …

 

For purposes of this article, “members of the same family or household” shall mean the following:

(a) persons related by consanguinity or affinity;

(b) persons legally married to one another;

(c) persons formerly married to one another regardless of whether they still reside in the same household; 

(d) persons who have a child in common regardless of whether such persons have been married or have lived together at any time; and

(e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. 

 

Factors the court may consider in determining whether a relationship is an “intimate relationship” include but are not limited to: 

·      the nature or type of relationship, regardless of whether the relationship is sexual in nature; 

·      the frequency of interaction between the persons; 

·      and the duration of the relationship. 

 

Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”.

 

FCA § 822. Person who may originate proceedings

 

(a) Any person in the relation to the respondent of spouse, or former spouse, parent, child, or member of the same family or household;

(b) A duly authorized agency, association, society, or institution;

(c) A peace officer, acting pursuant to his special duties, or a police officer;

(d) A person on the court's own motion.

 

 

FCA § 827. Issuance of warrant; certificate of warrant

(a)  The court may issue a warrant, directing that the respondent be brought before the court, when a petition is presented to the court under section eight hundred twenty-one and it appears that

 

(i) the summons cannot be served; or

(ii) the respondent has failed to obey the summons; or

(iii) the respondent is likely to leave the jurisdiction; or

(iv) a summons, in the court's opinion, would be ineffectual; or

(v) the safety of the petitioner is endangered; or

(vi) the safety of a child is endangered; or

(vii) aggravating circumstances exist which require the immediate arrest of the respondent….

 

FCA § 828. Temporary order of protection; temporary orders for child support and spousal maintenance

 

1. 

(a) Upon the filing of a petition or counter-claim under this article, the court for good cause shown may issue a temporary order of protection, which may contain any of the provisions authorized on the making of an order of protection under [§ 842], provided that the court shall make a determination, and the court shall state such determination in a written decision or on the record, whether to impose a condition pursuant to this subdivision, provided further, however, that failure to make such a determination shall not affect the validity of such order of protection. In making such determination, the court shall consider, but shall not be limited to consideration of, whether the temporary order of protection is likely to achieve its purpose in the absence of such a condition, conduct subject to prior orders of protection, prior incidents of abuse, extent of past or present injury, threats, drug or alcohol abuse, and access to weapons.

 

(b) Upon the filing of a petition under this article, or as soon thereafter as the petitioner appears before the court, the court shall advise the petitioner of the right to proceed in both the family and criminal courts, pursuant to the provisions of section one hundred fifteen of this act.

 

2. A temporary order of protection is not a finding of wrongdoing.

 

3. The court may issue or extend a temporary order of protection ex parte or on notice simultaneously with the issuance of a warrant, directing that the respondent be arrested and brought before the court, pursuant to section eight hundred twenty-seven of this article.

 

4. … the court may, together with a temporary order of protection …, issue an order for temporary child support, in an amount sufficient to meet the needs of the child, without a showing of immediate or emergency need. The court shall make an order for temporary child support notwithstanding that information with respect to income and assets of the respondent may be unavailable. Where such information is available, the court may make an award for temporary child support pursuant to the formula set forth in subdivision one of [§ 413] of this act. …

 

5. … the court may, in addition to the issuance of a temporary order of protection … issue an order directing the parties to appear within seven business days … for consideration of an order for temporary spousal support …

 

FCA § 841. Orders of disposition

 

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

 

(d) 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.

 

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 [§ 812(1)] of this article.

 

§ 842. Order of protection

 

An order of protection under [§ 841] shall set forth reasonable conditions of behavior to be observed for a period not in excess of two years by the petitioner or respondent or for a period not in excess of five years upon 

(i)            a finding by the court on the record of the existence of aggravating circumstances as defined in paragraph (vii) of subdivision (a) of section eight hundred twenty-seven of this article; or 

(ii)          a finding by the court on the record that the conduct alleged in the petition is in violation of a valid order of protection. Any finding of aggravating circumstances pursuant to this section shall be stated on the record and upon the order of protection. 

 

The court may also, upon motion, extend the order of protection for a reasonable period of time upon a showing of good cause or consent of the parties. The fact that abuse has not occurred during the pendency of an order shall not, in itself, constitute sufficient ground for denying or failing to extend the order. 

 

The court must articulate a basis for its decision on the record. The duration of any temporary order shall not by itself be a factor in determining the length or issuance of any final order. Any order of protection issued pursuant to this section shall specify if an order of probation is in effect. 

 

Any order of protection issued pursuant to this section may require the petitioner or the respondent:

(a) to stay away from the home, school, business or place of employment of any other party, the other spouse, the other parent, or the child, and to stay away from any other specific location designated by the court, provided that the court shall make a determination, and shall state such determination in a written decision or on the record, whether to impose a condition pursuant to this subdivision, provided further, however, that failure to make such a determination shall not affect the validity of such order of protection. In making such determination, the court shall consider, but shall not be limited to consideration of, whether the order of protection is likely to achieve its purpose in the absence of such a condition, conduct subject to prior orders of protection, prior incidents of abuse, extent of past or present injury, threats, drug or alcohol abuse, and access to weapons;

(b) to permit a parent, or a person entitled to visitation by a court order or a separation agreement, to visit the child at stated periods;

 

(c) to refrain from committing a family offense, as defined in subdivision one of section eight hundred twelve of this article, or any criminal offense against the child or against the other parent or against any person to whom custody of the child is awarded, or from harassing, intimidating or threatening such persons;

 

(d) to permit a designated party to enter the residence during a specified period of time in order to remove personal belongings not in issue in this proceeding or in any other proceeding or action under this act or the domestic relations law;

 

(e) to refrain from acts of commission or omission that create an unreasonable risk to the health, safety or welfare of a child;

 

(f) to pay the reasonable counsel fees and disbursements involved in obtaining or enforcing the order of the person who is protected by such order if such order is issued or enforced;

 

(g) to require the respondent to participate in a batterer's education program designed to help end violent behavior, which may include referral to drug and alcohol counselling, and to pay the costs thereof if the person 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;

 

(h) to provide, either directly or by means of medical and health insurance, for expenses incurred for medical care and treatment arising from the incident or incidents forming the basis for the issuance of the order;

 

(i) 1. to refrain from intentionally injuring or killing, without justification, any companion animal the respondent knows to be owned, possessed, leased, kept or held by the petitioner or a minor child residing in the household.

2. “Companion animal”, as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;

 

(j) to promptly return specified identification documents to the protected party, in whose favor the order of protection or temporary order of protection is issued; …

 

FCA § 842-a Suspension of firearms license and ineligibility for such a license upon the issuance of a temporary order of protection.

 

1. Whenever a temporary order of protection is issued …

(a) the court shall suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender … of any or all firearms, rifles and shotguns owned or possessed where the court receives information that gives the court good cause to believe that: 

 

(i)            the respondent has a prior conviction of any violent felony offense as defined in section 70.02 of the penal law; 

 

(ii) the respondent has previously been found to have willfully failed to obey a prior order of protection and such willful failure involved 

 

(A) the infliction of physical injury, … 

 

(B) the use or threatened use of a deadly weapon or dangerous instrument … 

 

(B) behavior constituting any violent felony offense .; or 

 

(iii) the respondent has a prior conviction for stalking …

 

(b) …. where the court finds a substantial risk that the respondent may use or threaten to use a firearm… unlawfully against the person … for whose protection the temporary order of protection is issued, [the court shall] suspend any such existing license possessed by the respondent, order the respondent ineligible for such a license, and order the immediate surrender … of any or all firearms, rifles and shotguns owned or possessed; and

 

(c) …where the defendant willfully refuses to surrender such firearm, rifle or shotgun …,[ the court may] order the immediate seizure of such firearm, rifle or shotgun, and search therefor, … consistent with such rights as the defendant may derive from this article or the constitution of this state or the United States.

 

§ 846-a. Powers on failure to obey order

 

If a respondent is brought before the court for failure to obey any lawful order issued under this article or an order of protection or temporary order of protection issued pursuant to this act or issued by a court of competent jurisdiction of another state, territorial or tribal jurisdiction 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 or temporary order of protection to add reasonable conditions of behavior to the existing order, make a new order of protection in accordance with section eight hundred forty-two of this part, 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 pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law, and disposal of any firearm such respondent owns or possesses. If the willful failure to obey such order involves the infliction of physical injury as defined in subdivision nine 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 pursuant to subparagraph (f) of paragraph one of subdivision a of section 265.20 and subdivision six of section 400.05 of the penal law six1 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.

 

9.5 Winston v. Edwards-Clarke 9.5 Winston v. Edwards-Clarke

In the Matter of Siana Winston, Respondent, v Karen Edwards-Clarke, Appellant.

[6 NYS3d 566]—

Appeal from an order of protection of the Family Court, Queens County (Anne-Marie Jolly, J.), dated April 28, 2014. The order of protection, upon an order of that court dated April 28, 2014, as amended May 23, 2014, finding, after a hearing, *772that the appellant committed the family offense of disorderly conduct, directed the appellant, inter alia, to stay away from the petitioner and the petitioner’s daughter.

Ordered that the order of protection is affirmed, without costs or disbursements.

At a fact-finding hearing on the subject family offense petition, the petitioner described herself as the fiancée of the appellant’s ex-husband (hereinafter the ex-husband). The ex-husband is the father of one of the petitioner’s children and has custody of the appellant’s children. The ex-husband and his children live in the same household as the petitioner and her children.

The petitioner functioned as stepmother to the appellant’s children, and helped to arrange for the appellant’s visitation with her children. The hearing evidence established that the. appellant engaged in a public disturbance regarding the conditions of her visitation with her children outside of the home shared by the petitioner and the ex-husband.

At the hearing, the petitioner acknowledged that she and the appellant did not live together, and that they did not spend time together as a family. However, when the appellant made an application, in effect, to dismiss the proceeding for lack of subject matter jurisdiction, the Family Court concluded that it had jurisdiction over the controversy since the parties “have an ongoing relationship by virtue of the children” and the appellant’s children were residing with the petitioner. At the conclusion of the fact-finding hearing, the Family Court found that the appellant had committed the family offense of disorderly conduct.

The Family Court properly concluded that it had subject matter jurisdiction over this proceeding. Family Court Act § 812 (1) gives the Family Court jurisdiction over family offenses committed “between spouses or former spouses, or between parent and child or between members of the same family or household.” Persons in the same family are defined as persons related by consanguinity or affinity, persons legally married to one another, persons formerly married to each other even if they no longer live in the same household, and persons with a child in common, “regardless of whether such persons have been married or have lived together at any time” (Family Ct Act § 812 [1] [d]; see Family Ct Act § 812 [1] [a], [b], [c]). The petitioner and the appellant did not live in the same household, were not related by consanguinity or affinity, were never married to each other, and did not have any children in common.

In 2008, the legislature expanded the definition of “members *773of the same family or household” as set forth in Family Court Act § 812 (1) to include: “persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the court may consider in determining whether a relationship is an ‘intimate relationship’ include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an ‘intimate relationship’ ” (Family Ct Act § 812 [1] [e]). In Matter of Jose M. v Angel V. (99 AD3d 243, 249 [2012]), this Court held that a determination as to whether persons are or have been in an intimate relationship within the meaning of Family Court Act § 812 (1) (e) is “a fact-specific determination.”

Generally, the “relationship should be direct, not one based upon a connection with a third party,” such as a child or a common boyfriend or girlfriend (Matter of Jose M. v Angel V., 99 AD3d at 247). Here, however, an intimate relationship was established by the fact that the petitioner was living with the appellant’s children and their father, who had custody of them, and was acting as a stepmother to the appellant’s children (see Matter of R.M.W. v G.M.M., 23 Misc 3d 713 [2009]; see also Matter of Jose M. v Angel V., 99 AD3d at 247; cf. Matter of Riedel v Vasquez, 88 AD3d 725, 727 [2011]).

Frequency of contact is a significant factor in determining whether there is an “intimate relationship” within the meaning of Family Court Act § 812 (1) (e) (see Matter of Johnson v Carter, 122 AD3d 853, 854 [2014]; Matter of Seye v Lamar, 72 AD3d 975, 977 [2010]), and it appears from this record that there is frequent contact between the appellant and the petitioner in order to arrange for the appellant’s visitation with her children. Permitting the petitioner to proceed with this matter in Family Court is consistent with the purpose of a family offense proceeding, which is to end family disruption and obtain protection (see Family Ct Act § 812 [2] [b]; Matter of Jose M. v Angel V., 99 AD3d at 247). Accordingly, the Family Court properly concluded that it had subject matter jurisdiction over this proceeding.

The appellant’s remaining contentions are without merit (see Family Ct Act § 842 [k]; Matter of Goldring v Sprei, 121 AD3d 894, 895 [2014]; Matter of Banks v Opoku, 109 AD3d470 [2013]; Matter of Cassie v Cassie, 109 AD3d 337, 344 [2013]; Matter of *774Wan-Su Li v Feng, 45 AD3d 775 [2007]).

Skelos, J.P., Austin, Miller and Hinds-Radix, JJ., concur.

9.6 Molloy v. Molloy 9.6 Molloy v. Molloy

[24 NYS3d 333]

In the Matter of Jennifer Molloy, Appellant, v William Molloy, Respondent.

Second Department,

January 20, 2016

*48APPEARANCES OF COUNSEL

Stephanie Taylor, Jamaica {Brian Dworkin of counsel), for appellant.

*49OPINION OF THE COURT

Chambers, J.

This case presents an opportunity to consider the meaning of “good cause” to extend an order of protection pursuant to Family Court Act § 842.

L

The petitioner and the respondent were married in May 2002, and are the parents of one child. In February 2010, the petitioner filed a family offense petition against the respondent. Following a hearing, the Family Court found that the respondent committed the family offenses of menacing in the third degree, reckless endangerment in the second degree, and assault in the third degree, and issued a two-year order of protection in favor of the petitioner and the parties’ child. The order required the respondent to stay away from the petitioner, the child, their home, and the child’s school, except for agreed-upon or court-ordered visitation. It further directed the respondent to refrain from committing assault, stalking, harassment, menacing, reckless endangerment, and certain other offenses against the petitioner and the child.

As the expiration date of the order of protection approached, the petitioner moved to extend it for five years, arguing that there was “good cause” for the extension, citing Family Court Act § 842. In her supporting affidavit, the petitioner alleged that the respondent had violated the order of protection by, for example, showing up at her apartment and banging on the door, and driving his vehicle too closely to the petitioner, a wheelchair user, while she was on her way to a police station for a custody exchange. Fearing for her safety, she reported some of these incidents to the police, as documented in three New York City Police Department Domestic Incident Reports she submitted in support of her motion. She alleged that he had recently been arrested for violating the order of protection, and that the case was pending in the Criminal Court of the City of New York, Queens County. The petitioner also claimed that the respondent’s girlfriend warned her that the respondent said that when the petitioner’s order of protection expired he would return to her residence, and he threatened to kill her.

The petitioner also noted that because she and the respondent have a child in common they have to frequently interact regarding the child’s visitation. The petitioner claimed that the respondent’s conduct during the course of their interactions *50over the past several years had so terrified her that she carried a panic alarm whenever she left her home. She feared that once the order of protection expired the respondent would begin harassing her again and might harm or kill her.

The respondent opposed the petitioner’s motion. At the request of the Family Court he submitted, inter alia, a certificate of disposition and transcript from the Criminal Court of the City of New York, Queens County, both dated February 24, 2014, which indicated that he had pleaded guilty to a reduced charge of disorderly conduct. As a part of that disposition, a two-year order of protection was granted in favor of the petitioner and against him “subject to any subsequent orders from Family Court regarding visitation and custody.”

The Family Court denied the petitioner’s motion to extend the Family Court order of protection, holding that because the petitioner had already been granted a two-year order of protection in Criminal Court, the goal behind Family Court Act § 842 was accomplished and, thus, the petitioner had not demonstrated good cause to extend the order of protection.

IL

Initially, the expiration of the order of protection by its own terms does not render this appeal academic, because the issue on appeal is whether the Family Court erred in declining to extend the order of protection beyond that expiration date (see Matter of Leon v Landaverde, 121 AD3d 898, 899 [2014]; Matter of Margary v Martinez, 118 AD3d 1004, 1005-1006 [2014]; Matter of V.C. v H.C., 257 AD2d 27, 32-33 [1999]). The petitioner is seeking to extend the order of protection for five years, to December 1, 2018, which, if granted, would directly affect the parties’ rights going forward (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]; Matter of Margary v Martinez, 118 AD3d at 1005-1006).

Next, contrary to the Family Court’s conclusion, the Criminal Court’s issuance of an order of protection did not negate or otherwise render superfluous the petitioner’s request for an extension of her Family Court order of protection. A victim of domestic violence may “commence a proceeding in either or both Family Court and [C]riminal [C]ourt” and “[e]ach court has the authority to issue temporary or final orders of protection” (People v Wood, 95 NY2d 509, 512-513 [2000]; see Matter of Alfeo v Alfeo, 306 AD2d 471 [2003]). Therefore, the Criminal Court’s issuance of an order of protection did not *51preclude the Family Court from extending the order of protection it had previously issued (see Matter of Alfeo v Alfeo, 306 AD2d at 471). Moreover, had the respondent successfully appealed the criminal matter, the Criminal Court’s order of protection would have been vacated. Thus, it was entirely proper for the petitioner to seek an extension of the Family Court order of protection.

Section 842 of the Family Court Act provides, in pertinent part, that a court “may . . . , upon motion, extend [an] order of protection for a reasonable period of time upon a showing of good cause or consent of the parties.” The critical issue before us is whether the petitioner established “good cause” to extend the duration of the order of protection, as that term is applied in Family Court Act § 842. We approach this issue by first considering the legislative history of that section. When the Family Court Act was first enacted in 1962, it included provisions giving the Family Court the authority to enter an order of protection with certain reasonable conditions of behavior (see L 1962, ch 686; 1962 McKinney’s Session Laws of NY at 2315-2316). Initially, however, the Family Court did not have the authority to extend an order of protection. It was not until 1972 that the legislature gave the Family Court the discretion to extend an order of protection “upon the showing of special circumstances” (L 1972, ch 761, § 1; 1972 McKinney’s Session Laws of NY at 2435). The term “special circumstances” was not defined in the statute, and case law did not develop or elucidate its meaning (see Matter of Waldman v Waldman, 47 AD3d 637, 638 [2008]; Matter of J.R.W. v L.F.W., 7 Misc 3d 1015[A], 2005 NY Slip Op 50612[U] [Fam Ct, Nassau County 2005]; Matter of J.G. v B.G., NYLJ, Nov. 18, 1999 at 36, col 3 [Fam Ct, Nassau County, Lawrence, J.]; Mem of Office for the Prevention of Domestic Violence, Bill Jacket, L 2010, ch 325 at 21; Empire Justice Center Mem in Support, L 2010, ch 325 at 78). Notably, victims were “frequently discouraged from applying for an extension” and, in fact, “rarely pursued” one (Mem of Assembly Judiciary Committee, Bill Jacket, L 2010, ch 325 at 5). Instead, they waited “until the recurrence of an incident of abuse to apply for a new order of protection” (id.).

As a consequence, domestic violence advocacy groups sought relief from the legislature. This was the situation the legislature sought to remedy in 2010 when it amended section 842. The legislature recognized that victims should not have to wait for the commission of another family offense before *52seeking an extension (see Assembly Mem in Support, Bill Jacket, L 2010, ch 325 at 8). Thus, the new amendment lowered the standard by permitting the Family Court to extend an order of protection upon a showing of “good cause” rather than “special circumstances” (Mem of Assembly Judiciary Committee, Bill Jacket, L 2010, ch 325 at 5).

The legislature did not define “good cause” in the statute, but it declared that “[t]he fact that abuse has not occurred during the pendency of an order shall not, in itself, constitute sufficient ground for denying or failing to extend the order” (Family Ct Act § 842). In addition, the legislature intended, as reflected in the bill jacket, that petitioners might “apply for extensions for various reasons to ensure their safety” (Assembly Mem in Support, Bill Jacket, L 2010, ch 325 at 9). Underscoring this point, the legislature cited as examples that

“the existing court order may have worked in preventing domestic abuse, and/or there are circumstances that may cause the parties to interact. Such interaction may be as a result of pending litigation, the initiation of litigation, compliance with the terms of divorce or family court agreements or judgments, meeting the needs of children in common including following visitation orders, or the resurfacing of the respondent for one reason or another, including release from prison to name a few” (id.).

In each case, a

“request for an extension should be viewed in the context of the facts of the case, including present circumstances, past abuse by the respondent, threats of abuse by the respondent and relevant information concerning the safety and protection of the protected persons with the primary goal to prevent a recurrence of abuse” (id.).

As such, the legislative history makes plain the legislature’s intent to afford greater protection to victims of domestic violence by permitting them to obtain an extension of an existing order of protection to prevent a reoccurrence of domestic abuse upon a showing of “good cause” (see Assembly Mem in Support, Bill Jacket, L 2010, ch 325 at 8). We now take this opportunity to elucidate further the meaning of “good cause.”

Although section 842 of the Family Court Act does not define “good cause,” it is a common legal term. Good cause is “difficult to define in absolute terms, [but] it generally signifies a sound *53basis or legitimate need to take judicial action” (In re Alexander Grant & Co. Litig., 820 F2d 352, 356 [11th Cir 1987]). Faced with the interpretation of a similar statute permitting an order of protection to be extended upon a showing of good cause without defining that phrase, the Supreme Court of New Hampshire emphasized that good cause should be read in context by considering the statute as a whole (see MacPherson v Weiner, 158 NH 6, 10, 959 A2d 206, 210 [2008]), a principle of statutory interpretation that is entirely consistent with New York law (see McKinney’s Cons Laws of NY, Book 1, Statutes § 97; Matter of New York County Lawyers’ Assn. v Bloomberg, 19 NY3d 712, 721 [2012]; New York State Psychiatric Assn., Inc. v New York State Dept. of Health, 19 NY3d 17, 23-24 [2012]; Matter of Sanantonio v Lustenberger, 73 AD3d 934, 936 [2010]). Good cause should also be interpreted in accordance with legislative intent, as expressed in the legislative history (see Matter of Sutka v Conners, 73 NY2d 395, 403 [1989]; Matter of Luis C., 124 AD3d 109, 112 [2014]), which in this case aims to prevent reoccurrences of domestic violence. Thus, in determining whether good cause has been established, courts should consider, but are not limited by, the following factors: the nature of the relationship between the parties, taking into account their former relationship, the circumstances leading up to the entry of the initial order of protection, and the state of the relationship at the time of the request for an extension; the frequency of interaction between the parties; any subsequent instances of domestic violence or violations of the existing order of protection; and whether the current circumstances are such that concern for the safety and well-being of the petitioner is reasonable (see MacPherson v Weiner, 158 NH at 11, 959 A2d at 211).

The trial court, which has the benefit of seeing and hearing the witnesses, and may even be familiar with the parties, is in the best position to make this fact-specific determination. In this instance, some of the allegations in the petitioner’s papers cannot be resolved without an evidentiary hearing. For example, it is not clear if, as recounted in the Domestic Incident Reports, the respondent’s conduct occurred as alleged or even if it constitutes a violation of the subject order of protection. Nevertheless, section 842 does not mandate such a hearing, and we find that the petitioner made a facially sufficient application that warrants consideration of the relief requested.

The petitioner stated that, because they have a child in common, the parties continue to interact. They come into *54contact during litigation over custody and visitation issues and when they exchange the child at the drop-off location at the police station. The respondent also has a history of assaulting the petitioner, and their on-going discord continues. There is no evidence in the record to suggest that the petitioner’s more serious allegations were contrived. Moreover, it is undisputed that, since the entry of the subject order of protection, the respondent has pleaded guilty in the Criminal Court to disorderly conduct, and the Criminal Court has issued a two-year order of protection in favor of the petitioner. Therefore, it is clear from the record that the petitioner’s fear that the respondent may stalk, harass, or attack her is well-founded, and that the unavoidable interactions between the parties may subject her to a reoccurrence of violence (see Matter of Ellen Z. v Isaac D., 47 Misc 3d 389, 394 [Fam Ct, Queens County 2015]). Accordingly, we find that there is good cause to extend the order of protection.

As to the length of the extension, Family Court Act § 842 grants a court the discretion to extend the order of protection for a “reasonable period of time.” It is evident from the legislature’s use of the term “reasonable” that it wanted to give the courts flexibility to fashion an appropriate time period for the order of protection based on the particular circumstances of the parties (see Black’s Law Dictionary [10th ed 2014], reasonable [“(f)air, proper, or moderate under the circumstances”]). Consistent with a plain reading of “reasonable,” the legislative history of the 2010 amendment notes that applicants may have “various reasons” (Assembly Mem in Support, Bill Jacket, L 2010, ch 325 at 9) for seeking an extension, and it directs courts to view an extension in the context of the facts of the case (see Matter of Albany Law School v New York State Off. of Mental Retardation & Dev. Disabilities, 19 NY3d 106, 120 [2012]). In this instance, there has been a prior finding that the respondent committed family offenses against the petitioner that led to the initial order of protection. While the instant request for an extension of that order of protection was pending, the respondent pleaded guilty to disorderly conduct and a two-year order of protection was issued in Criminal Court in favor of the petitioner. The parties will continue to interact when exchanging the child so that the respondent may visit with him, and when litigating over custody and visitation issues. Considering these circumstances, we conclude that five years is a reasonable period of time to extend the order of *55protection (see Matter of Waldman v Waldman, 47 AD3d at 638).

Accordingly, the order is reversed insofar as appealed from, on the law, the petitioner’s motion pursuant to Family Court Act § 842 to extend the order of protection dated December 1, 2011, is granted, and the order of protection dated December 1, 2011, is extended until November 30, 2018.

Mastro, J.P., Balkin and Maltese, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the petitioner’s motion pursuant to Family Court Act § 842 to extend the order of protection dated December 1, 2011, is granted, and the order of protection dated December 1, 2011, is extended until November 30, 2018.