New York City Criminal Court Domestic Violence

Domestic Violence

You Don't Have to Face It Alone
What protection do the courts offer to victims of domestic violence? It is against the law for another person to abuse you. If you have been physically attacked or threatened by a person with whom you have a relationship, you can seek help from the courts. In New York City, some domestic violence cases can go to both Criminal Court and Family Court, while others can go only to Criminal Court. The following people can take their cases to either or both courts:

• People who are legally married or used to be married to each other (this category does not include "common law" relationships or gay and lesbian relationships);
• People who have a child in common;
• People who are related by blood or adoption. If you do not fit into one of these categories, you must go to Criminal Court.

Orders of Protection

Victims of domestic violence are often told to obtain an order of protection. What is it? An order of protection is issued by a judge as part of a court case. It requires an abuser to do or not do certain things, such as stay away from your home, school and job. It can also require an abuser not to assault, threaten or harass you. The order may extend to other members of your family, including your children. An order of protection may be issued whether or not the abuser lives with you. If appropriate, an order of protection need not exclude the abuser from the home. Where an abuser is excluded from the home, an order of protection may provide for visitation rights with the children.

Both Criminal Court and Family Court can issue orders of protection. It is a crime to violate an order of protection no matter which court issues it. The police will arrest a person who violates either a Family Court or Criminal Court order of protection. What is the difference between Criminal Court and Family Court?

How does a domestic violence case begin in Criminal Court?

Criminal Court cases start in one of two ways. The primary way is if the police arrest the abuser (called the defendant). After arrest, the defendant will generally be arraigned within 24 hours. Arraignment is the stage in a criminal proceeding when the defendant first appears in court and learns what crimes he or she is charged with. The judge will also determine whether to release the defendant or set bail and whether to issue an order of protection. A victim will not automatically be notified if the defendant is released or held on bail. For information about the case, call the District Attorney's office in the county where the defendant was arrested (see listed telephone numbers). Even after the arrest of the defendant, the victim may still choose, under certain circumstances, to have the case transferred to Family Court or may choose to start a Family Court case in addition to the Criminal Court case. The District Attorney's office and the court will provide instructions on these options. After arraignment, unless the defendant pleads guilty or the charges are dismissed, the case will be adjourned until another date, usually five or more days later. If an order of protection is issued at the arraignment, it will generally be valid only until the next court date. A new order of protection must be requested on each adjourned date. The case will be assigned to a bureau or a particular prosecutor (called an Assistant District Attorney). To find out which bureau or Assistant District Attorney has your case, call the District Attorney's office in the county where the defendant was arrested (see listed telephone numbers). You will also receive a phone call or letter from the District Attorney's office about your case. It is very important that you respond to any letter or phone call from the prosecutor. Your input is essential for the prosecutor to decide how to proceed on the case. Although the Assistant District Attorney will need information from you and may want to meet with you in his or her office, you will probably not have to appear in court unless there is a trial. However, Criminal Court is open to the public and you are free to attend and bring someone else with you if you wish.

The second way a case can start in Criminal Court is through the Court Dispute Referral Center (CDRC). The CDRC reviews situations where there has been no arrest, but a victim believes a crime was committed and wants to start a case against the abuser. The victim must first report the incident of abuse to the police and obtain a complaint report number. A CDRC screener will then listen to your information. The screener will discuss with you your options, including the differences between a Family Court and Criminal Court proceeding. If grounds for a criminal charge exist, and the victim wishes to proceed in that court, the screener will recommend that the case be reviewed by the District Attorney's office. An Assistant District Attorney decides whether or not to prosecute, so your complaint might not be accepted at all, it might be referred back to the precinct so that an arrest can be made, or it might be referred to the court to start the criminal action without an arrest. If the Assistant District Attorney decides to start a criminal action without first seeking an arrest, he or she will write up a criminal complaint. If approved, the court will authorize the filing of the criminal complaint and issue a summons. The court may also issue an order of protection. Since the defendant is not in court, these documents must be personally served on him or her. The order of protection is not valid until the defendant receives it. Although you may serve the papers yourself, for your own safety you should have someone else do it. If requested, the police will serve these documents on the defendant for you. In some instances the Assistant District Attorney will arrange for the police to arrest the defendant. In either case, the defendant will have to appear in court for arraignment and the case will then proceed like any other prosecution (see above). [continued below]

How does a domestic violence case begin in Family Court?

To begin a case in Family Court, you must personally go to that court in the borough where you live, where the abuse occurred or where the abuser lives. A clerk will interview you in the Petition Room and will ask you for information to prepare a document called a petition which will start the Family Court action. The petition is a form used by the judge to determine what help you need. You should tell the clerk who prepares the petition what you want from the court. The petition should include any instances of physical or verbal abuse, including use of weapons, against you or your children. The petition should also include the abuser's name, address, physical description or photo, information of the abuser's use of alcohol or drugs, history of mental illness and previous Criminal, Matrimonial or Family Court cases. A judge will then review your petition and may ask you questions. The judge will decide whether or not to begin a case and issue a temporary order of protection. If the court authorizes the case to begin, the judge will issue a summons to order the abuser (called the respondent) to appear in court or an arrest warrant and may issue a temporary order of protection. Since the respondent is not in court when you file the petition, the order will not go into effect until it is personally served on the respondent. The police are required to serve the summons and order of protection on the respondent for you unless you tell the court that you will arrange for someone else to serve the papers. The judge will give you a date when you and the respondent must return to court. On that date, the judge will try to resolve the matter and work out a solution for future living arrangements. If a solution is not reached, the court will ultimately hold a trial. Both you and the respondent are entitled to have a lawyer. If you do not return to court, you will no longer have an order of protection. You should return to court even if the respondent refuses to go. You can start a Family Court case in Criminal Court during the hours Family Court is closed.

Violations of Orders of Protection

When an order of protection is issued by a judge, the court files it with the police department. If you have a valid order of protection from either Criminal Court or Family Court requiring the abuser to stay away from you and it is violated, the police are required to make an arrest. Keep your order of protection with you at all times to show the police. However, if you do not have the copy with you when the police arrive, they can check to determine that a valid order exists. It is against the law for anyone to threaten or intimidate you. If anyone is pressuring or threatening you concerning a criminal case, call the District Attorney's office or the police immediately.