Family Court Intimate Relationship Case Law New York

Domestic Violence Resources

Safety Planning

Information For Those Seeking A Family Court Guild of Protection

FAQs (Frequently Asked Questions)

Who Can File a Petition in Family Court?
How Do I File a Petition in Family Court?
What Should I Put on My Petition?
What'southward the Departure Between a Temporary and a Concluding Order of Protection?
Tin I Ask for Custody of or Visitation with My Children?
When Will I See the Judge?
What Exercise I Say to the Judge?
Where Exercise I Go the Temporary Order?
Does the Respondent Take to Know about the Petition?
How Practise I Serve the Petition and Temporary Order of Protection?
What If I Don't Know Where the Respondent Lives?
What If the Respondent Has Not Been Served?
What If I Decide Non to Pursue the Gild of Protection?
What Happens If I Don't Come Back to Courtroom?
What If I Am Afraid to Come across the Respondent in Court?
What Happens When I Come Dorsum to Courtroom on the next Courtroom Date?
Am I Entitled to an Attorney?
What If the Respondent Violates the Order of Protection?

Who Can File a Petition in Family unit Court?

Y'all tin file a petition in Family Court for an order of protection if

1) you are related to the respondent past blood or marriage;
2) you are or were legally married to the respondent;
3) yous have a child with the respondent; or
iv) 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 just 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 coincidental associate nor ordinary fraternization between two individuals in concern or social contexts shall exist deemed to constitute an "intimate relationship".

Yous may go along for orders of protection in Family or Criminal Courtroom or both.

If you need an order of protection against someone else, y'all can only become i through Criminal Courtroom. To become a criminal court club of protection, the police must abort the person or you may become to the Courtroom Dispute Referral Center.

How practice I File a Petition in Family unit Court?

Y'all must become to the Help Center ("Petition Room") betwixt eight:30-5:00 Mon.- Friday. After you tell the clerk at the front desk you lot are there, you will be given forms to fill out, including one to write downwardly the incidents of violence. When your name is called, you volition run into a clerk who volition write the petition based on the information you lot gave on the form.

There are no filing fees in Family unit Court.

What Should I Put on My Petition?

Write down as many details every bit possible. In order to obtain an order of protection y'all must state that a "family unit crime" occurred. Many actions are family offenses, such as when a person verbally, physically, emotionally, or sexually abuses y'all, or threatens to hurt y'all. Depict when each incident occurred, where it occurred, what happened, whether you were injured (bruises, cuts), and whether weapons were used. It is best to include the most recent incident, the showtime incident and the worst incident. If there was verbal abuse, tell the clerk the exact words the respondent used. Tell the clerk if there is criminal court involvement and if at that place were earlier orders of protection. Before you sign the petition, read it carefully and tell the petition clerk if anything of import has been left out. Make sure the petition is accurate and fully states what you lot want to tell the Judge.

What tin can I ask for in my petition?
Nigh temporary orders of protection say that the respondent must non assail, menace, or harass you, but y'all can inquire for additional terms. Yous must tell the petition clerk specifically what yous would like the Judge to club. Some of these things may be in the temporary order and some may be in the final guild. You tin can ask for:

1) Stay away: The court tin can order the respondent to stay abroad from you, your home, your job, your children, your children's schoolhouse or whatsoever other place or person the court finds necessary.

2) Refrain from certain acts: The court can guild the respondent to stop abusing or threatening to corruption y'all or your children. The social club tin exist specific, such as, ordering the respondent to stop calling y'all at work.

3) Collect your property: If yous do not want to return dwelling house, yous can inquire the court to permit you to enter your domicile with the police to collect your personal belongings at a certain appointment and fourth dimension.

4) Exclude the respondent from the home: If the respondent is dangerous to you or your children, you tin ask the court to gild the respondent out of the home ("excluded") while the gild of protection is in effect. It does not affair that the home is non in your proper noun.

5) Temporary kid support: The court tin can social club temporary kid back up based on the needs of the child. You do non have to show how much money the respondent has or earns. Since the child back up is just temporary, yous will still accept to file a separate petition for child support. Y'all can practise this on the 1st floor of the Family unit Court. The instance volition be heard by a Support Magistrate in near two or 3 months, but you can get support back to the date you filed the petition.

six) Revoke or suspend firearms: The court can revoke or append respondent'southward license to carry firearms or social club surrender of whatsoever or all firearms owned or possessed past respondent.

7) V year order: Most Family unit Courtroom orders of protection are for two years. Yous can go a v year order of protection if there are "aggravating circumstances", or if the courtroom finds there was a violation of an order of protection. Aggravating circumstances exist where there is concrete injury, the respondent used a weapon or other unsafe musical instrument confronting you, there is a history of repeated violations of prior orders of protection, the respondent has been convicted of crimes committed against yous in the past, there is exposure of whatever family unit or household member to physical injury, or other behaviors that pose a danger to you lot, your family or other household members.

What's the Departure Between a Temporary and a Terminal Gild of Protection?

A temporary lodge of protection is issued on the day you file for an gild of protection earlier the respondent is served with the papers. It merely lasts until the next fourth dimension that you are in court. The court commonly volition extend the temporary club at each courtroom date until the case is over. If a final gild of protection is issued, this occurs at the terminate of the case after the Gauge finds that a family offense was committed or the respondent agrees. A final order lasts for two or five years. A final order of protection tin also include:

1) Restitution: If the respondent damaged any of your property (e.g. machine, windows, furniture), the court can order the respondent to pay amercement ("restitution") up to $10,000. You lot will have to prove the value of what was damaged.

2) Medical expenses: The court tin lodge the respondent to pay for whatever medical expenses arising from the corruption.

3) Participation in a Program: The courtroom tin can society the respondent to participate in services, such as a batterer's education program, or make referrals for drug or alcohol counseling.

Tin I Enquire for Custody of or Visitation with My Children?

1) Custody: Y'all can ask the court to lodge that the respondent not interfere with custody of your children as part of the order of protection. This gild will last for as long as the order of protection does. You may besides file a separate petition for custody. The clerk will help you file a petition for custody. Either parent tin can file a petition for final custody at whatever fourth dimension.

2) Visitation: The court may club visitation for either parent as part of the club of protection. The court tin specify times for the visits and safe places to exchange the child, such as a police precinct or friend'southward dwelling house. If necessary, the courtroom can order supervised visits. The visitation gild will terminal only every bit long as the order of protection. Either parent may file a divide petition for visitation at any time. Notwithstanding, the court may direct that a separate petition be filed to determine this consequence.

When Will I See the Approximate?

Subsequently the clerk drafts the petition, you will wait to encounter a Judge on the second floor. The Guess will review the petition and decide whether there is practiced cause to issue you a temporary society of protection. The Judge will club a summons to serve on the respondent and a date to come up back.

What Do I Say to the Judge?

The Judge may ask y'all questions most what you said in the petition. The Judge will decide whether to issue a temporary order based on your petition and answers to the questions. Tell the Judge if you want the respondent excluded or need temporary child back up. Even if the Judge does not consequence the temporary order of protection, you may get one after. If you can't afford a lawyer, you lot can ask the Gauge to appoint one for you.

The Guess volition ask you how you want to serve the papers. (The different options are listed below.) The court may issue a warrant directing that the respondent be brought immediately before the Family Court. Warrants are issued under special circumstances, such as when your condom or the safety of your kid is at risk.

Where Do I Get the Temporary Order?

Later on you lot have seen the Judge, you must expect to pick up your papers in a designated waiting expanse. Yous will receive your copies of the temporary order of protection, if 1 has been issued. You volition also receive a summons and copy of the petition for the respondent, if y'all are arranging service on the respondent.

Does the Respondent Accept to Know about the Petition?

Aye. You can non become a final lodge of protection unless the respondent has received notice of the case.

How Do I Serve the Petition and Temporary Order of Protection?

The summons with notice, petition for an lodge of protection and temporary order of protection must be personally served (handed to) the respondent. Whatever person over eighteen years old, except you, may serve these papers. The police force, the NYC sheriff, a friend or relative can serve the papers. Yous can also hire a process server. You lot (the petitioner) may never serve the papers yourself. Papers for an order of protection may be served whatsoever 24-hour interval of the calendar week at whatever time of the day or night.

1) Service by the NYC Sheriff:

There are two ways to have the Sheriff serve the papers. You can take the papers to the Sheriff's office in the canton that you filed your petition in, or the Court tin direct the Sheriff to serve the papers. If the court directs the Sheriff to serve, the Court volition forrad the papers to the Sheriff'southward office.

If the Sheriff does the service of the papers, they will transport the Court the proof of service or if they are unable to locate the respondent the proof of attempted service. The order of protection is not in effect until it has been served.

Y'all tin can sign upward to be notified by the Sheriff when the papers are served at WWW.NYALERTS.COM

2) Service past constabulary: The police force volition serve the papers when the NYC Sheriff's office is closed.

Y'all can accept the papers to the precinct yourself and go with the police force to serve the papers.

If you want the law to serve your papers, go to the precinct where the respondent lives, works, or is to be served. The police force may ask you to go with them. (You will remain in the police car.) Sometimes, the police will permit you give them a film of the respondent instead of asking you to go with them. The police are required to make six attempts to deliver the papers. In one case the respondent has been served, the police must give you a "Statement of Personal Service" which does non demand to be notarized. If the police take been unable to deliver the petition after six attempts, they must give you a statement showing the date and times of the attempts. Ask the police officer for the statement of personal or attempted service and make sure it is signed. Bring this argument with you on the side by side court date.

3) Service by relative, friend, or process server:

If a friend or relative gives the papers to the respondent, this person must consummate an "Affidavit of Service" and have it notarized. You must bring this with you when yous return to court, or the case will exist postponed or dismissed. You may also bring the person who served the papers with you to court.

What If I Don't Know Where the Respondent Lives?

The respondent may exist served anywhere. Equally long as you tin suit for the respondent to be personally served with the court papers, it volition non affair if you don't know where the respondent lives.

What If the Respondent Has Not Been Served?

You should come up back to court fifty-fifty if you accept not been able to serve the respondent. Tell the Judge the efforts yous made to serve the respondent.

If the Sheriff attempted service:

The Sheriff will take sent the court the proof of attempted service. When you return to court, the Judge may give yous more time to endeavor to serve the papers on the Respondent. You lot tin ask the Judge for other ways to serve the respondent, such equally service past certified post. You tin can as well ask the court to issue a warrant if you cannot find the respondent or if he is fugitive service.

If the police force attempted service:

If the police attempted service note the date and times, precinct number, and officers' names who attempted service. Attempt to get a argument from the constabulary showing their attempts to serve the Respondent. If someone other than police force attempted service, write down the dates, times, and places that service was attempted. When you return to court, the Judge may give you more than fourth dimension to try to serve the papers on the Respondent. You tin inquire the Judge for other ways to serve the respondent, such as service by certified mail. You can also enquire the court to issue a warrant if you can non discover the respondent or if he is avoiding service.

What If I Make up one's mind Not to Pursue the Order of Protection?

You lot may change your mind once you take started the case. If y'all decide not to pursue the order of protection, you may wish to come dorsum to court or ship a letter asking that your petition exist withdrawn "without prejudice." This means that if you lot alter your heed once again, and wish to re-file at a later date, you can heighten the same allegations again in a new petition. Yous can always come back to courtroom if a new incident occurs.

What Happens If I Don't Come Back to Court?

It is very important for you to come to court on your curb date. In case of a serious emergency, send someone in your place to explain your absence or notify the courtroom by telephone or in writing. It is up to the Approximate to decide whether to grant y'all an adjournment. If y'all do non announced, your case may exist dismissed and you will no longer have a temporary order of protection.

What If I Am Afraid to Meet the Respondent in Court?

When you make it at court, notify a courtroom officer in the office (room) where your case is existence heard that yous are afraid to see the respondent. The officer can arrange for you to stay in a place away from the respondent until the Guess calls your instance. Ane possibility is the Safe Horizon Reception surface area in the courthouse - enquire the court officer where that tin exist located. Make sure that a court officer knows yous are there and where you are waiting. You can enquire a court officer to escort you lot from 1 location to another or to help proceed the respondent away from y'all. Yous may as well bring a friend, relative or an advocate to court with yous who can come with yous into the courtroom.

What Happens When I Come up Back to Court on the adjacent Courtroom Engagement?

You will have to return to court to ask for your final order of protection. The respondent has the right to a hearing. Yous may see a dissimilar Estimate from the one yous saw the first time. The Judge yous see on the next courtroom appointment is the Judge likely to decide your case.

If the respondent does not come to court: You will be asked to show the Judge that the respondent was properly served. You volition need to give the Approximate an affidavit of service from a relative or friend, or if the police served the respondent, a statement of service from the police. If the Sheriff served the respondent the Court volition receive the proof of service directly from the Sheriff. If the court does not conclude that the respondent was properly served, your petition may be dismissed or you lot may exist given more than time to serve. If there are serious allegations, the court might also issue a warrant to bring the respondent back to court immediately.

If the courtroom finds the respondent was properly served, the court will enquire y'all to explain the incidents that you allege in the petition. This is chosen an Inquest. Exist specific: speak clearly and organize your thoughts. Don't forget to tell the Approximate if a weapon was used or you were injured. If the Judge finds that a family unit offense has occurred, the Approximate will issue a concluding order of protection. Y'all will receive a copy of the order the same day. The respondent must exist served with the concluding gild of protection for it to be in event. This is important in case the respondent violates the social club.

The Judge may lodge the Sheriff to serve the terminal lodge on the respondent, but ultimately it is the responsibility of the petitioner to make certain the respondent was served.

If the respondent comes to court: Typically, you will see a court attorney (the Judge's police assistant) before you see the Judge. You can ask to speak to the court chaser separately from the respondent. The court chaser will enquire the respondent if he or she volition agree, to the final order of protection. Ii things can happen:

a) If the respondent agrees to an order of protection: When respondents agree to an society of protection, they unremarkably consent to the order without admitting that they take done anything wrong. This means the court has not made a finding confronting them. An order without a finding ("on consent") has the same effect and will protect y'all the aforementioned way that an order after a trial would. If the order is violated, the respondent can be arrested. However, an gild on consent does not found that the respondent did annihilation wrong for use in other proceedings, such as custody or visitation.

b) If the respondent does not hold to the order of protection: If the respondent does not concord to an guild of protection and all of the terms y'all asked for, your case will go to trial. If there is a trial in your case, at that place may be several court dates before it is resolved. You will take the opportunity to tell the Judge your story and present evidence in support of your instance.

Am I Entitled to an Chaser?

Both petitioners and respondents in family offense cases are entitled to court-appointed ("18-B") attorneys if they are "indigent" (cannot afford to retain an attorney). Only the Estimate can determine if you authorize for an chaser. The Estimate may non engage an attorney unless you enquire for one. Y'all can ask for one at any time. Yous can also try to find an attorney on your ain. A list of legal services offices appears below. If your case goes to trial, you may need an chaser.

CourtHelp - Lawyers & Legal Help

What If the Respondent Violates the Gild of Protection?

It is a crime to violate a temporary or concluding club of protection. If the respondent does non obey the society, so you can call the police. The police will probably abort the respondent for violating the guild of protection. The respondent does non accept to hit y'all to violate the order. If the respondent comes to your habitation and the order says he tin can't, and so you can telephone call the police force. You besides accept the right to file a violation of the order in Family Courtroom. Filing a violation in Family Courtroom normally will not issue in arrest of the respondent. You tin cull to get to Family or Criminal Court, or both.

vegaunpled.blogspot.com

Source: https://ww2.nycourts.gov/COURTS/nyc/family/faqs_domesticviolence.shtml