* § 858. Hope cards. 1. As used in this section, "hope card" shall mean either:

Terms Used In N.Y. Judiciary Law 858

  • Arrest: Taking physical custody of a person by lawful authority.
  • Docket: A log containing brief entries of court proceedings.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(a) a digital image of the final order of protection as issued in court, delivered via text message, email or other electronic communication; or

(b) a durable, wallet-sized physical card that contains a summary of information about a final order of protection.

2. The office of court administration shall develop a program to issue a hope card to any party protected by a final order of protection. The program shall allow protected parties to request a hope card at the time a final order of protection has been issued while in court, and the ability to apply at a later date. A hope card shall be provided at no cost to a protected party. For the purposes of determining whether reasonable cause for an arrest exists under paragraph (b) of subdivision four of § 140.10 of the criminal procedure law, a hope card shall have the same effect as a copy of an underlying order of protection in indicating the prior issuance of such an order.

3. The wallet-sized, physical hope card shall contain a summary of the order of protection, including:

(a) the name and date of birth of the primary protected party and any other protected parties;

(b) the name and date of birth of the individual restrained;

(c) the issuing court and judge;

(d) the docket or dockets, case or cases or indictment number or indictment numbers for the relevant case or cases, and the final order number; and

(e) the date of issuance and expiration of the final order.

4. Any protected party may elect to receive a hope card:

(a) in digital form, delivered via text message, email or other electronic communication;

(b) in physical form, printed on a durable, wallet-sized card; or

(c) both.

5. Applications for hope cards shall be made accessible in an online portal developed and maintained by the office of court administration, as well as a paper form to be made available at any court with jurisdiction to issue an order of protection.

* NB Effective October 23, 2024