N.Y. Fam. Ct. Act § 812

§ 812. Procedures for family offense proceedings. 1. Jurisdiction.\nThe family court and the criminal courts shall have concurrent\njurisdiction over any proceeding concerning acts which would constitute\ndisorderly conduct, harassment in the first degree, harassment in the\nsecond degree, aggravated harassment in the second degree, sexual\nmisconduct, forcible touching, sexual abuse in the third degree, sexual\nabuse in the second degree as set forth in subdivision one of section\n130.60 of the penal law, stalking in the first degree, stalking in the\nsecond degree, stalking in the third degree, stalking in the fourth\ndegree, criminal mischief, menacing in the second degree, menacing in\nthe third degree, reckless endangerment, criminal obstruction of\nbreathing or blood circulation, strangulation in the second degree,\nstrangulation in the first degree, assault in the second degree, assault\nin the third degree, an attempted assault, identity theft in the first\ndegree, identity theft in the second degree, identity theft in the third\ndegree, grand larceny in the fourth degree, grand larceny in the third\ndegree or coercion in the second degree as set forth in subdivisions\none, two and three of section 135.60 of the penal law between spouses or\nformer spouses, or between parent and child or between members of the\nsame family or household except that if the respondent would not be\ncriminally responsible by reason of age pursuant to section 30.00 of the\npenal law, then the family court shall have exclusive jurisdiction over\nsuch proceeding. Notwithstanding a complainant's election to proceed in\nfamily court, the criminal court shall not be divested of jurisdiction\nto hear a family offense proceeding pursuant to this section. In any\nproceeding pursuant to this article, a court shall not deny an order of\nprotection, or dismiss a petition, solely on the basis that the acts or\nevents alleged are not relatively contemporaneous with the date of the\npetition, the conclusion of the fact-finding or the conclusion of the\ndispositional hearing. For purposes of this article, "disorderly\nconduct" includes disorderly conduct not in a public place. For purposes\nof this article, "members of the same family or household" shall mean\nthe following:\n (a) persons related by consanguinity or affinity;\n (b) persons legally married to one another;\n (c) persons formerly married to one another regardless of whether they\nstill reside in the same household;\n (d) persons who have a child in common regardless of whether such\npersons have been married or have lived together at any time; and\n (e) persons who are not related by consanguinity or affinity and who\nare or have been in an intimate relationship regardless of whether such\npersons have lived together at any time. Factors the court may consider\nin determining whether a relationship is an "intimate relationship"\ninclude but are not limited to: the nature or type of relationship,\nregardless of whether the relationship is sexual in nature; the\nfrequency of interaction between the persons; and the duration of the\nrelationship. Neither a casual acquaintance nor ordinary fraternization\nbetween two individuals in business or social contexts shall be deemed\nto constitute an "intimate relationship".\n 2. Information to petitioner or complainant. The chief administrator\nof the courts shall designate the appropriate persons, including, but\nnot limited to district attorneys, criminal and family court clerks,\ncorporation counsels, county attorneys, victims assistance unit staff,\nprobation officers, warrant officers, sheriffs, police officers or any\nother law enforcement officials, to inform any petitioner or complainant\nbringing a proceeding under this article, before such proceeding is\ncommenced, of the procedures available for the institution of family\noffense proceedings, including but not limited to the following:\n (a) That there is concurrent jurisdiction with respect to family\noffenses in both family court and the criminal courts;\n (b) That a family court proceeding is a civil proceeding and is for\nthe purpose of attempting to stop the violence, end the family\ndisruption and obtain protection. Referrals for counseling, or\ncounseling services, are available through probation for this purpose;\n (c) That a proceeding in the criminal courts is for the purpose of\nprosecution of the offender and can result in a criminal conviction of\nthe offender;\n (d) That a proceeding or action subject to the provisions of this\nsection is initiated at the time of the filing of an accusatory\ninstrument or family court petition, not at the time of arrest, or\nrequest for arrest, if any;\n (f) That an arrest may precede the commencement of a family court or a\ncriminal court proceeding, but an arrest is not a requirement for\ncommencing either proceeding; provided, however, that the arrest of an\nalleged offender shall be made under the circumstances described in\nsubdivision four of section 140.10 of the criminal procedure law;\n (g) That notwithstanding a complainant's election to proceed in family\ncourt, the criminal court shall not be divested of jurisdiction to hear\na family offense proceeding pursuant to this section.\n 3. Official responsibility. No official or other person designated\npursuant to subdivision two of this section shall discourage or prevent\nany person who wishes to file a petition or sign a complaint from having\naccess to any court for that purpose.\n 4. Official forms. The chief administrator of the courts shall\nprescribe an appropriate form to implement subdivision two of this\nsection.\n 5. Notice. Every police officer, peace officer or district attorney\ninvestigating a family offense under this article shall advise the\nvictim of the availability of a shelter or other services in the\ncommunity, and shall immediately give the victim written notice of the\nlegal rights and remedies available to a victim of a family offense\nunder the relevant provisions of the criminal procedure law, the family\ncourt act and the domestic relations law. Such notice shall be available\nin English and Spanish and, if necessary, shall be delivered orally and\nshall include but not be limited to the following statement:\n "If you are the victim of domestic violence, you may request that the\nofficer assist in providing for your safety and that of your children,\nincluding providing information on how to obtain a temporary order of\nprotection. You may also request that the officer assist you in\nobtaining your essential personal effects and locating and taking you,\nor assist in making arrangement to take you, and your children to a safe\nplace within such officer's jurisdiction, including but not limited to a\ndomestic violence program, a family member's or a friend's residence, or\na similar place of safety. When the officer's jurisdiction is more than\na single county, you may ask the officer to take you or make\narrangements to take you and your children to a place of safety in the\ncounty where the incident occurred. If you or your children are in need\nof medical treatment, you have the right to request that the officer\nassist you in obtaining such medical treatment. You may request a copy\nof any incident reports at no cost from the law enforcement agency. You\nhave the right to seek legal counsel of your own choosing and if you\nproceed in family court and if it is determined that you cannot afford\nan attorney, one must be appointed to represent you without cost to you.\n You may ask the district attorney or a law enforcement officer to file\na criminal complaint. You also have the right to file a petition in the\nfamily court when a family offense has been committed against you. You\nhave the right to have your petition and request for an order of\nprotection filed on the same day you appear in court, and such request\nmust be heard that same day or the next day court is in session. Either\ncourt may issue an order of protection from conduct constituting a\nfamily offense which could include, among other provisions, an order for\nthe respondent or defendant to stay away from you and your children. The\nfamily court may also order the payment of temporary child support and\naward temporary custody of your children. If the family court is not in\nsession, you may seek immediate assistance from the criminal court in\nobtaining an order of protection.\n The forms you need to obtain an order of protection are available from\nthe family court and the local criminal court (the addresses and\ntelephone numbers shall be listed). The resources available in this\ncommunity for information relating to domestic violence, treatment of\ninjuries, and places of safety and shelters can be accessed by calling\nthe following 800 numbers (the statewide English and Spanish language\n800 numbers shall be listed and space shall be provided for local\ndomestic violence hotline telephone numbers).\n Filing a criminal complaint or a family court petition containing\nallegations that are knowingly false is a crime."\n The division of criminal justice services in consultation with the\nstate office for the prevention of domestic violence shall prepare the\nform of such written notice consistent with the provisions of this\nsection and distribute copies thereof to the appropriate law enforcement\nofficials pursuant to subdivision nine of section eight hundred\nforty-one of the executive law. Additionally, copies of such notice\nshall be provided to the chief administrator of the courts to be\ndistributed to victims of family offenses through the family court at\nsuch time as such persons first come before the court and to the state\ndepartment of health for distribution to all hospitals defined under\narticle twenty-eight of the public health law. No cause of action for\ndamages shall arise in favor of any person by reason of any failure to\ncomply with the provisions of this subdivision except upon a showing of\ngross negligence or willful misconduct.\n