Domestic Violence Law

Who Can File a Domestic Violence Petition?

You can file a petition in Family Court for an order of protection if

1) you are related to the respondent by blood or marriage;
2) you are or were legally married to the respondent;
3) you have a child with the respondent; or
4) you are or were in an intimate relationship with the respondent.

Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship".

You may proceed for orders of protection in Family or Criminal Court or both.

If you need an order of protection against someone else, you can only get one through Criminal Court. To get a criminal court order of protection, the police must arrest the person or you may go to the Court Dispute Referral Center.

What Happens If You Are Arrested For Domestic Violence?

If you have been arrested for Domestic Violence, you need to hire a criminal defense lawyer immediately. You have the right to remain silent and you should use this right. You will not be able to talk your way out of the situation and can make things must worse by speaking.

After an arrest, you will be taken to the precinct, then to Central Booking. You cannot get a Desk Appearance Ticket in domestic violence cases. After waiting in the Central Booking, you will be taken to see the judge in your first court appearance called the Arraignment where the judge can release you without bail, set bail or hold you without the right to post bail. While it's preferable to have an attorney while you are still in the precinct, it is an absolute must to get one before you see the judge.