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Criminal Law

How is domestic violence a crime?
What is criminal law and how does it relate to me?
If I call the police, will my abuser be arrested? Do I need to give consent?
Do the police document every incident?
Do I need to talk to a specific person in the police station about my case?
When does domestic violence become a criminal case in court?
If my abuser is arrested for the incident, will he/she be put in jail for a long time?
What is an Order of Protection? What does it do for me?
Can I get an Order of Protection through another court?
How will I know what is happening with the criminal case against my abuser?
Who handles the criminal case against my abuser? Will I have to hire a lawyer?
What is IDV Court?
Can I drop the criminal case against my abuser?
If the D.A.'s Office does not make this into a criminal case, what can I do?
What is ACS and what does it do?

How is domestic violence a crime?

In the United States, domestic violence is a crime that has serious consequences including jail time. If someone physically abuses you or threatens to injure you, they can be held accountable for their actions.

There are two ways that criminal charges can be filed. Police can arrive at the scene of the crime, conduct an investigation, and arrest the abuser if there is enough evidence. You can also go to the police station and file a complaint. Criminal charges can only be filed if the police find enough evidence that the incidents have violated criminal law.

What is criminal law and how does it relate to me?

If your abuser has sexually assaulted, beaten, stalked, or has threatened to injure you, he/she has committed criminal actions. Such actions violate criminal law. Please contact the police or a domestic violence agency to get information and help.

For more information on New York legal statutes, please visit www.womenslaw.org/NY/NY_how_to.htm.

If I call the police, will my abuser be arrested? Do I need to give consent?

When you call the police, there is a chance that the abuser might be arrested. If the police believe a criminal act has been committed, they have the right to place the abuser under arrest. Evidence that the police may be looking for includes testimony from you and witnesses, bruises, and/or injuries.

Mandatory Arrest laws in New York State give the police the authority to arrive at the scene of a domestic violence dispute and, if they believe a crime has been committed, make an arrest without having actually witnessed the crime committed. Though you may protest the arrest, the police can still place the abuser under arrest.

Do the police document every incident?

A DIR (Domestic Incident Report) or a local equivalent should always be completed if the police respond to a domestic disturbance. While the police may not place anyone under arrest for the disturbance, they will complete a report that includes your testimony on what happened. The DIR is important in case you change your mind later about filing charges.

Do I need to talk to a specific person in the police station about my case?

When you arrive at the police station to file a complaint, you can ask to speak to a D.V.P.O. (Domestic Violence Police Officer) in any precinct in New York City. The D.V. P.O. is someone that is assigned to your case if they believe that the crime committed against you is domestic violence. The D.V.P.O. will be your contact person at the police station. He/she will also be collecting evidence for the District Attorney’s Office so they can assess whether a criminal court case can be brought against the abuser. If you are not in New York City, please contact your local police station to see if they have any DV-sensitive officers that you can speak with.

When does domestic violence become a criminal case in court?

Although domestic violence is unquestionably a crime, it can only be a criminal case if the District Attorney’s Office decides to take it to court. These cases are typically taken if there is overwhelming evidence of physical abuse or endangerment.

If my abuser is arrested for the incident, will he/she be put in jail for a long time?

If the abuser is initially arrested for a domestic violence incident, he/she may only be in jail for a few hours or a few days. Having the abuser arrested does not assure a criminal conviction or complete safety. Please be aware of all safety issues and take as much precaution as possible. Contact a domestic violence organization for safety planning tips or click here for safety planning.

Further jail sentences for abusers only apply after the case has been prosecuted and he/she has been found guilty. The time spent in jail depends on the verdict of the case.

What is an Order of Protection? What does it do for me?

An Order of Protection is a court order that mandates the abuser to stop physically, verbally, and mentally harassing you. Once an arrest or criminal charge has been made by the police, a Temporary Order of Protection will be issued. A permanent and full Order of Protection can be given on the next court date. If the abuser violates the Order of Protection, call the police. The abuser can be arrested for this violation. Keep a copy of your Order of Protection with you at all times. Although the order cannot stop the abuser from harassing you, it does make him/her accountable to the law. Please do additional safety planning. Click here for safety planning.

The Order of Protection issued to you can also include your children. Leave a copy of your Order of Protection with your child’s school or daycare if you believe that your abuser will make any attempt at contacting them.

If you are also harassed at work by your abuser, alert your supervisor, and take a copy of your Order of Protection.

Can I get an Order of Protection through another court?

If you cannot get an Order of Protection from Criminal Court, you can go to Family Court. Click here for information.

How will I know what is happening with the criminal case against my abuser?

The Assistant District Attorney prosecuting the case against your abuser will be in contact with you about the criminal case. The Assistant D.A. will notify you when your Order of Protection has been extended and if they will need you to provide a statement or testimony.

Who handles the criminal case against my abuser? Will I have to hire a lawyer?

When the case is taken up by the District Attorney’s Office, they will be prosecuting the criminal case against the abuser. The D.A.’s Office will only be prosecuting the criminal act of domestic violence against the abused. The D.A.’s Office cannot take on other legal issues against the abuser such as divorce, child custody, or maintenance. These other matters can be resolved in Family or Supreme Court through the representation of another lawyer.

What is IDV Court?

In New York State, IDV Court stands for the Integrated Domestic Violence Court. If domestic violence is the reason why you may have criminal, family, and matrimonial cases pending, you may have the option to take all of these cases into IDV Court. In New York City, IDV Court allows all of these cases to be heard in one court and under the supervision of one judge.

To read more about Integrated Domestic Violence Court, go to www.courts.state.ny.us/ip/domesticviolence/index.shtml.

Can I drop the criminal case against my abuser?

A criminal case cannot be dropped by anyone other than the District Attorney’s Office. Once the D.A.’s Office has taken on the case, it is in the office’s discretion whether the case will be dropped or not. While you do have the right to express your wishes to the D.A.’s Office, the final decision rests with that office.

If the D.A.’s Office does not make this into a criminal case, what can I do?

If there has not been any arrest or criminal charge, a person can go to the CDRC (Court Dispute Referral Center) to start a criminal case against their abuser. A person must first report the domestic violence incident at the police station and receive a complaint number. After receiving the complaint number, a conversation with a screener at CDRC will occur to decide whether or not there are grounds to file for a criminal case. The case is then brought to the attention of the District Attorney’s Office. If the Assistant D.A. believes there is enough evidence, the case will be taken and prosecution against the abuser will begin. If the Assistant D.A. does not take on the case, please contact your local domestic violence agency to see if additional advocacy can take place.

For more information about the Court Dispute Referral Center and Criminal Court, please go to www.courts.state.ny.us/courts/nyc/criminal/specialprojects.shtml.

What is ACS and what does it do?

In New York City, ACS is the Administration of Children’s Services. ACS is an agency that deals with the safety of children. ACS staff members get involved if they feel that endangerment exists for any minors living in a domestic violence household. If a family is assigned an ACS caseworker, various interventions and counseling may be requested to assure the safety of the minors in the household. Evaluations and reports from ACS may affect your criminal court case. In addition, ACS does have the power to remove children from a home which is determined to be unsafe.

Please contact a domestic violence agency if ACS does contact you.

Go to www.nyc.gov/html/acs/html/whatwedo/domestic_violence.html for more information on ACS and domestic violence cases.