What happens after the call
In New York, officers responding to a family dispute often have limited discretion, and in many situations the law directs them to make an arrest when they find evidence of certain offenses. When each person claims the other was the aggressor, officers are expected to assess who was the primary aggressor rather than simply arresting whoever called first. A temporary order of protection is commonly issued at arraignment, and it can require the accused person to leave the home immediately. Separately from the criminal case, a family offense petition can be filed in Family Court, and the two can run side by side.
Keeping yourself and the case safe
If an order of protection is in place, follow it exactly, including stay-away and no-contact terms, even if the other person invites contact. Arrange through counsel or the police to collect belongings instead of going back on your own. Save texts, call logs, and social media messages from before and after the incident, and do not delete anything. If you were hurt, photographs and medical records matter regardless of which side of the case you are on. An order can also require surrendering firearms and firearm licenses, and that should be handled promptly and correctly.
Questions for the first meeting
Disputes inside a household often involve children, a shared lease, money, and immigration status all at once. Early on we look at the conditions of any order, whether a Family Court case exists, how housing and parenting time can be handled lawfully, and whether a resolution of the criminal case could affect custody or immigration. Mapping those pieces at the outset helps avoid a decision in one case that causes harm in another. We also talk about what contact, if any, the order allows for children's exchanges, since that is where many people are unsure.
