- Consolidated Laws - Family Court
PART 1
JURISDICTION
Section 812. Procedures for family offense proceedings.
813. Transfer to criminal court.
814. Rules of court regarding concurrent jusisdiction.
814-a. Uniform forms.
815. Transcript of family offense proceedings; request by
district attorney.
817. Support, paternity and child protection.
818. Venue.
S 812. Procedures for family offense proceedings. 1. Jurisdiction.
The family court and the criminal courts shall have concurrent
jurisdiction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, stalking in
the first degree, stalking in the second degree, stalking in the third
degree, stalking in the fourth degree, menacing in the second degree,
menacing in the third degree, reckless endangerment, assault in the
second degree, assault in the third degree or an attempted assault
between spouses or former spouses, or between parent and child or
between members of the same family or household except that if the
respondent would not be criminally responsible by reason of age pursuant
to section 30.00 of the penal law, then the family court shall have
exclusive jurisdiction over such proceeding. Notwithstanding a
complainant`s election to proceed in family court, the criminal court
shall not be divested of jurisdiction to hear a family offense
proceeding pursuant to this section. For purposes of this article,
"disorderly conduct" includes disorderly conduct not in a public place.
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; and
(d) persons who have a child in common regardless whether such persons
have been married or have lived together at any time.
2. Information to petitioner or complainant. The chief administrator
of the courts shall designate the appropriate persons, including, but
not limited to district attorneys, criminal and family court clerks,
corporation counsels, county attorneys, victims assistance unit staff,
probation officers, warrant officers, sheriffs, police officers or any
other law enforcement officials, to inform any petitioner or complainant
bringing a proceeding under this article, before such proceeding is
commenced, of the procedures available for the institution of family
offense proceedings, including but not limited to the following:
(a) That there is concurrent jurisdiction with respect to family
offenses in both family court and the criminal courts;
(b) That a family court proceeding is a civil proceeding and is for
the purpose of attempting to stop the violence, end the family
disruption and obtain protection. Referrals for counseling, or
counseling services, are available through probation for this purpose;
(c) That a proceeding in the criminal courts is for the purpose of
prosecution of the offender and can result in a criminal conviction of
the offender;
(d) That a proceeding or action subject to the provisions of this
section is initiated at the time of the filing of an accusatory
instrument or family court petition, not at the time of arrest, or
request for arrest, if any;
(f) That an arrest may precede the commencement of a family court or a
criminal court proceeding, but an arrest is not a requirement for
commencing either proceeding; provided, however, that the arrest of an
alleged offender shall be made under the circumstances described in
subdivision four of section 140.10 of the criminal procedure law;
(g) That notwithstanding a complainant`s election to proceed in family
court, the criminal court shall not be divested of jurisdiction to hear
a family offense proceeding pursuant to this section.
3. Official responsibility. No official or other person designated
pursuant to subdivision two of this section shall discourage or prevent
any person who wishes to file a petition or sign a complaint from having
access to any court for that purpose.
4. Official forms. The chief administrator of the courts shall
prescribe an appropriate form to implement subdivision two of this
section.
5. Notice. Every police officer, peace officer or district attorney
investigating a family offense under this article shall advise the
victim of the availability of a shelter or other services in the
community, and shall immediately give the victim written notice of the
legal rights and remedies available to a victim of a family offense
under the relevant provisions of the criminal procedure law, the family
court act and the domestic relations law. Such notice shall be available
in English and Spanish and, if necessary, shall be delivered orally and
shall include but not be limited to the following statement:
"If you are the victim of domestic violence, you may request that the
officer assist in providing for your safety and that of your children,
including providing information on how to obtain a temporary order of
protection. You may also request that the officer assist you in
obtaining your essential personal effects and locating and taking you,
or assist in making arrangement to take you, and your children to a safe
place within such officer`s jurisdiction, including but not limited to a
domestic violence program, a family member`s or a friend`s residence, or
a similar place of safety. When the officer`s jurisdiction is more than
a single county, you may ask the officer to take you or make
arrangements to take you and your children to a place of safety in the
county where the incident occurred. If you or your children are in need
of medical treatment, you have the right to request that the officer
assist you in obtaining such medical treatment. You may request a copy
of any incident reports at no cost from the law enforcement agency. You
have the right to seek legal counsel of your own choosing and if you
proceed in family court and if it is determined that you cannot afford
an attorney, one must be appointed to represent you without cost to you.
You may ask the district attorney or a law enforcement officer to file
a criminal complaint. You also have the right to file a petition in the
family court when a family offense has been committed against you. You
have the right to have your petition and request for an order of
protection filed on the same day you appear in court, and such request
must be heard that same day or the next day court is in session. Either
court may issue an order of protection from conduct constituting a
family offense which could include, among other provisions, an order for
the respondent or defendant to stay away from you and your children.
The family court may also order the payment of temporary child support
and award temporary custody of your children. If the family court is
not in session, you may seek immediate assistance from the criminal
court in obtaining an order of protection.
The forms you need to obtain an order of protection are available from
the family court and the local criminal court (the addresses and
telephone numbers shall be listed). The resources available in this
community for information relating to domestic violence, treatment of
injuries, and places of safety and shelters can be accessed by calling
the following 800 numbers (the statewide English and Spanish language
800 numbers shall be listed and space shall be provided for local
domestic violence hotline telephone numbers).
Filing a criminal complaint or a family court petition containing
allegations that are knowingly false is a crime."
The division of criminal justice services in consultation with the
state office for the prevention of domestic violence shall prepare the
form of such written notice consistent with the provisions of this
section and distribute copies thereof to the appropriate law enforcement
officials pursuant to subdivision nine of section eight hundred
forty-one of the executive law. Additionally, copies of such notice
shall be provided to the chief administrator of the courts to be
distributed to victims of family offenses through the family court at
such time as such persons first come before the court and to the state
department of health for distribution to all hospitals defined under
article twenty-eight of the public health law. No cause of action for
damages shall arise in favor of any person by reason of any failure to
comply with the provisions of this subdivision except upon a showing of
gross negligence or willful misconduct.
S 813. Transfer to criminal court. 1. At any time prior to a finding
on the petition the court may, with the consent of the petitioner and
upon reasonable notice to the district attorney, who shall have an
opportunity to be heard, order that any matter which is the subject of a
proceeding commenced pursuant to this article be prosecuted as a
criminal action in an appropriate criminal court if the court determines
that the interests of justice so require.
2. The court may simultaneously with the transfer of any matter to the
appropriate criminal court, issue or continue a temporary order of
protection which, notwithstanding any other provision of law, shall
continue in effect, absent action by the appropriate criminal court
pursuant to subdivision three of section 530.12 of the criminal
procedure law, until the defendant is arraigned upon an accusatory
instrument filed pursuant to this section in such criminal court.
3. Nothing herein shall be deemed to limit or restrict a petitioner`s
rights to proceed directly and without court referral in either criminal
or family court, or both, as provided for in section one hundred fifteen
of this act and section 100.07 of the criminal procedure law.
S 814. Rules of court regarding concurrent jurisdiction. The chief
administrator of the courts pursuant to paragraph (e) of subdivision two
of section two hundred twelve of the judiciary law shall promulgate
rules to facilitate record sharing and other communication between the
criminal and family courts, subject to applicable provisions of the
criminal procedure law and the family court act pertaining to the
confidentiality, expungement and sealing of records, where such courts
exercise concurrent jurisdiction over family offense proceedings.
S 814-a. Uniform forms. The chief administrator of the courts, shall
promulgate appropriate uniform temporary orders of protection and orders
of protection forms, applicable to proceedings under this article, to be
used throughout the state. Such forms shall be promulgated and developed
in a manner to ensure the compatability of such forms with the statewide
computerized registry established pursuant to section two hundred
twenty-one-a of the executive law.
S 815. Transcript of family offense proceedings; request by district
attorney. The court shall, upon the written request of a district
attorney stating that such transcript is necessary in order to conduct a
criminal investigation or prosecution involving the petitioner or
respondent, provide a copy of the transcript of any proceedings under
this article, to such district attorney. Such transcript shall not be
redisclosed except as necessary for such investigation or prosecution.
S 817. Support, paternity and child protection. On its own motion and
at any time in proceedings under this article, the court may direct the
filing of a child protective petition under article ten of this chapter,
a support petition under article four, or a paternity petition under
article five of this act and consolidate the proceedings.
S 818. Venue. Proceedings under this article may be originated in the
county in which the act or acts referred to in the petition allegedly
occurred or in which the family or household resides or in which any
party resides. For the purposes of this section, residence shall
include a residential program for victims of domestic violence, as
defined in subdivision four of section four hundred fifty-nine-a of the
social services law, or a shelter for homeless persons.
