Family relationships the law covers
Domestic violence is often pictured as a matter between spouses or partners, but New York treats many family and household relationships as domestic for legal purposes, including relatives by blood or by marriage. A person in one of those relationships can generally seek relief in Family Court, in criminal court, or in both. A Family Court family offense case is civil and aimed at obtaining an order of protection, while a criminal case is brought by the prosecutor and can lead to a conviction. The two can run at the same time over the same incident, with different judges, different procedures, and orders that may not say the same thing.
Preparing for two tracks
Each court may issue its own order of protection, and every order has to be followed exactly as written, even if another one seems less restrictive. If the incident took place in a home you share, gather your lease or deed, utility bills, and anything showing where you live, because an order may require you to leave and you will need to plan where to stay. Keep messages and voicemails from family members as they are, without responding to the protected person. If children live in the home, a child protective report may follow, which in New York City usually means an investigation by the Administration for Children's Services. Statements made in one proceeding can surface in the other, so talk to your lawyer before saying anything in either.
Setting priorities in the first meeting
We identify every proceeding that exists or is likely, including any criminal charge, Family Court petition, custody matter, or child welfare investigation, and we note the next date in each. We review the terms of each order and work out practical problems, such as access to belongings, medication, or a family business. We also discuss whether relatives who want to support you should speak with anyone, and why they should not carry messages to the protected person. Family cases often carry heavy pressure to settle things privately, and a private understanding within the family does not resolve a criminal charge, so we explain how resolution actually works in each court.
