Westchester County Domestic Violence in Criminal and Family Court

Eligible relationships include spouses, former spouses, relatives, people with a child in common, and current or former intimate partners. Casual acquaintances generally do not qualify. Section 812 covers specified acts, including assault, harassment, stalking, menacing, and strangulation. The court examines whether the alleged conduct meets the elements of a listed offense. A domestic violence defense review may address intent, injury, identification, and witness statements. The existence of a qualifying relationship does not establish that an offense occurred.

Prosecutors must prove criminal guilt beyond a reasonable doubt. Under Family Court Act § 832, a family offense fact-finding hearing applies the fair preponderance of the evidence standard. A criminal conviction may result in sentencing. Family Court may grant protective orders or other authorized civil relief. A determination in one proceeding does not automatically decide the other.

A criminal case begins with an accusatory instrument. An Article 8 Family Court case begins with a family offense petition, which generally proceeds through filing, service, and scheduled hearings. Under Family Court Act § 828, a judge may issue a temporary protective order for good cause. The order does not establish that the respondent committed an offense. CPL § 60.46 generally restricts the use of admissions or testimony given without the benefit of an attorney in an Article 8 proceeding as evidence in a criminal case, except for impeachment, unless the party waives the right to an attorney on the record.

CPL § 530.12 authorizes protective orders in qualifying criminal cases. Family Court Act §§ 828 and 842 govern temporary and final Family Court orders. An order may restrict direct contact, communication through others, or access to a residence. Its terms remain binding even if the protected person agrees to contact. Where multiple protection orders apply, a change to one does not automatically modify another. Each issuing court controls its own order.

Westchester County maintains the following specialized court parts.

An IDV part may coordinate criminal, family, and matrimonial matters that satisfy the applicable assignment requirements.

Westchester Family Court operates in White Plains, Yonkers, and New Rochelle. Family offense petitions generally begin through the appropriate Family Court Clerk's Office. State criminal prosecutions proceed through the District Attorney's Office. Respondents should identify the assigned court, judge, docket number, and any transfer order. Court clerks can explain filing requirements and available record-access procedures. Related custody or matrimonial disputes may require separate Family Court litigation. Federal criminal charges, when applicable, follow separate federal statutes and procedures rather than the state DV/IDV process.

Before the next hearing, organize:

• Criminal complaints, Family Court petitions, and hearing notices.
• Temporary or final protective orders and amendments.
• Original messages, photographs, recordings, and relevant police reports.
• Case numbers, service documents, and scheduled appearances.

Preserve electronic evidence without altering files or metadata. Record the dates of investigative contacts and incidents mentioned in the allegations.

Protective orders may limit parenting communication, residence access, or contact with children. Compare those restrictions with existing custody or visitation arrangements. A parenting order does not automatically override a protective order. If the terms appear inconsistent, identify which court issued each order and request clarification or modification through the applicable procedure. Private agreements cannot replace judicial authorization.