How a report becomes a case
In New York, the usual first step is reporting to the police, either by calling at the time or going to a precinct or station house afterward. Officers take a statement, may photograph injuries, and decide whether to make an arrest. Once a case is filed, the prosecutor controls it, which means you cannot simply withdraw it later, though your views are usually heard. If the person who hurt you is a relative, a co-parent, or a current or former intimate partner, you may also be able to file a family offense petition in Family Court to ask for an order of protection.
What to bring and preserve
Get medical attention and keep the records, because they often become the clearest proof of injury. Photograph injuries over several days, since bruising can look different later. Write down, or better, tell a lawyer, the names of witnesses and the locations of any cameras, since businesses and buildings often overwrite video within a short window. Save texts, voicemails, and social media messages exactly as they are. Do not contact the other person to confront them or to discuss what happened, because that can complicate the case and your own safety.
When we get involved
People reach out to us from both sides of these situations. If you were hurt, we can talk about a civil claim for damages and about orders of protection, and filing periods for civil claims can be shorter than people expect. If the other person is also making accusations against you, the situation is more delicate, and you should speak with a lawyer before giving a further statement. In a first conversation we sort out what has already been reported, which agencies are involved, and what each path would require of you. We do not predict what a prosecutor will charge.
