1. The Alleged Conduct and Relationship Determine Which Proceedings Apply
Domestic violence is not a separate crime under New York law. Criminal charges turn on specific conduct; Family Court jurisdiction also depends on the parties' relationship.
Criminal Charges Require Proof of Particular Acts
An argument alone does not establish assault. Penal Law § 120.00 covers intentionally or recklessly causing physical injury, or causing it through criminal negligence with a deadly weapon or dangerous instrument. Threats and stalking have different elements.
The evidence matters more than a police report's label. See domestic violence defense.
Family Court Requires a Qualifying Relationship
Family Court Act § 812 covers specified acts involving relatives, spouses, former spouses, co-parents, and current or former intimate partners. Cohabitation is not always necessary. Courts consider a disputed relationship's nature, frequency, and duration; casual acquaintances generally do not qualify. These rules establish jurisdiction, not wrongdoing.
Arrest Rules Depend on the Reported Offense
Criminal Procedure Law § 140.10(4) requires arrest for specified family-related felonies, protection-order violations, and misdemeanors where reasonable cause exists, subject to exceptions. An alleged victim's request can affect the requirement for covered misdemeanors.
For competing allegations, officers assess injuries, threats, and defensive conduct to identify the primary physical aggressor. Reasonably justified conduct is excluded from the mandatory-arrest rule. Arrest does not establish guilt.
2. Kings County Courts Handle Criminal and Civil Cases Differently
Family Court Act § 812 permits concurrent jurisdiction for qualifying family offenses. A civil petition does not prevent criminal prosecution; each proceeding has different standards.
Court Assignments Depend on the Type of Case
| Court | Kings County Location | Main Role |
|---|---|---|
| Criminal Court | 120 Schermerhorn Street | Arraignments and misdemeanors |
| Supreme Court, Criminal Term | 320 Jay Street | Felony cases and DV court parts |
| Family Court | 330 Jay Street | Family offense petitions and civil orders |
The Kings County District Attorney prosecutes criminal charges. Each notice identifies the court and part for that appearance.
Each Court Applies Its Own Procedure and Proof Standard
At a misdemeanor arraignment, the court informs defendants of their charges and provides the accusatory instrument. Criminal Procedure Law § 170.10 recognizes the right to counsel. Conviction requires proof beyond a reasonable doubt.
Family Court Act § 832 instead applies a fair preponderance standard. Family offense petitions can be delivered in person, by mail, or through the Electronic Document Delivery System (EDDS). Respondents must be properly served.
Integrated Domestic Violence Court Handles Selected Related Matters
The Kings County Integrated Domestic Violence (IDV) Court at 320 Jay Street may assign eligible related criminal, family, and matrimonial cases to one judge. Transfer is not automatic. Follow existing notices until reassignment is confirmed; separate legal standards still apply.
3. Protection Orders Can Restrict Contact before Findings Are Made
Criminal Procedure Law § 530.12 and Family Court Act § 828 permit temporary protection orders before allegations are resolved. The written restrictions govern the respondent's conduct.
Temporary Orders Do Not Establish Wrongdoing
Family Court Act § 828 states that a temporary order is not a finding of wrongdoing. Family Court may issue one without the respondent present; criminal courts may also impose temporary orders. Check the expiration date, protected persons, and restrictions. The order of protection resource covers protective orders more generally.
Contact and Housing Restrictions Require Careful Review
An order may ban calls, messages, third-party contact, or entry into a shared home. Another may prohibit threats without requiring separation. The protected person's permission cannot modify it. Seek court directions for belongings or child exchanges that would otherwise violate restrictions. Family Court Act § 154-c governs modification requests.
Violations Have Separate Legal Requirements
Family Court Act § 846-a permits remedies after a hearing and proof of willful disobedience. Criminal contempt requires proof of the charged offense's elements; contact alone does not establish guilt. Orders remain enforceable until expiration or court modification. See violation of a restraining order.
Federal Firearm Restrictions Are Not Automatic
Under 18 U.S.C. § 922(g)(8), a qualifying order requires a hearing with notice and an opportunity to participate, among other conditions. Section 922(g)(9) concerns qualifying misdemeanor domestic violence convictions. An initial ex parte order alone does not meet the federal hearing requirement, although state firearm restrictions may apply.
4. Defendants Need Separate Records and Responses for Each Matter
A Brooklyn domestic violence case may involve two sets of filings, orders, and court dates. Each requires separate attention.
Preserve Original Evidence and a Clear Timeline
Preserve messages, call histories, photos, video, medical records, witness information, and timestamps. Make a factual timeline that separates observations from what others reported. Do not delete unfavorable material, alter recordings, or influence witnesses.
Request Counsel before Making Significant Decisions
Criminal Procedure Law § 170.10 provides counsel rights at arraignment and later stages, with assignment for eligible defendants. Family Court Act § 262 provides similar rights in Article 8 proceedings. Statements or agreements in one matter may affect the other, even when the proceedings remain separate.
Confirm What Each Court Requires Next
Review court papers for these details:
- Court and case number: Identify each proceeding and assigned part.
- Next appearance: Confirm the date, time, location, and purpose.
- Active orders: Read prohibited conduct, protected persons, and expiration dates.
- Evidence: Retain original records and identify missing information.
The alleged victim's withdrawal does not automatically dismiss criminal charges. Follow orders, attend hearings, and clarify the allegations before each court.
26 Oct, 2026
