2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title P - PROCEDURES FOR SECURING ATTENDANCE AT CRIMINAL ACTIONS AND PROCEEDINGS OF DEFENDANTS AND WITNESSES UNDER CONTROL OF COURT--RECOGNIZANCE, BAIL
Article 530 - (530.10 - 530.80) ORDERS OF RECOGNIZANCE OR BAIL WITH RESPECT TO DEFENDANTS IN CRIMINAL ACTIONS AND PROCEEDINGS--WHEN AND BY WHAT COURTS AUTHORIZED
530.11 - Procedures for family offense matters.

§ 530.11 Procedures for family offense matters.
    1. Jurisdiction. * The family court and the criminal courts shall have
  concurrent  jurisdiction over any proceeding concerning acts which would
  constitute  disorderly  conduct,  harassment  in   the   first   degree,
  harassment  in  the  second  degree, aggravated harassment in the second
  degree, sexual misconduct, forcible touching, sexual abuse in the  third
  degree,  sexual  abuse  in the second degree as set forth in subdivision
  one of section 130.60 of the penal law, stalking in  the  first  degree,
  stalking in the second degree, stalking in the third degree, stalking in
  the  fourth  degree,  criminal  mischief, menacing in the second degree,
  menacing in the third degree,  reckless  endangerment,  assault  in  the
  second  degree,  assault  in  the  third  degree or an attempted assault
  between spouses or former  spouses,  or  between  parent  and  child  or
  between  members  of  the  same  family  or household except that if the
  respondent would not be criminally responsible by reason of age pursuant
  to section 30.00 of the penal law, then  the  family  court  shall  have
  exclusive   jurisdiction   over   such   proceeding.  Notwithstanding  a
  complainant's election to proceed in family court,  the  criminal  court
  shall  not  be  divested  of  jurisdiction  to  hear  a  family  offense
  proceeding pursuant to this  section.  For  purposes  of  this  section,
  "disorderly  conduct" includes disorderly conduct not in a public place.
  For purposes of this section, "members of the same family or  household"
  with  respect  to  a  proceeding  in  the criminal courts shall mean the
  following:
    * NB Effective until November 11, 2010
    * The family court and  the  criminal  courts  shall  have  concurrent
  jurisdiction  over any proceeding concerning acts which would constitute
  disorderly conduct, harassment in the first degree,  harassment  in  the
  second  degree,  aggravated  harassment  in  the  second  degree, sexual
  misconduct, forcible touching, sexual abuse in the third degree,  sexual
  abuse  in  the  second degree as set forth in subdivision one of section
  130.60 of the penal law, stalking in the first degree, stalking  in  the
  second  degree,  stalking  in  the  third degree, stalking in the fourth
  degree, criminal mischief, menacing in the second  degree,  menacing  in
  the  third  degree,  reckless  endangerment,  strangulation in the first
  degree, strangulation in the  second  degree,  criminal  obstruction  of
  breathing or blood circulation, assault in the second degree, assault in
  the  third  degree  or  an  attempted  assault between spouses or former
  spouses, or between parent and child or  between  members  of  the  same
  family  or  household  except  that  if  the  respondent  would  not  be
  criminally responsible by reason of age pursuant to section 30.00 of the
  penal law, then the family court shall have exclusive jurisdiction  over
  such  proceeding. Notwithstanding a complainant's election to proceed in
  family court, the criminal court shall not be divested  of  jurisdiction
  to  hear  a  family  offense  proceeding  pursuant  to this section. For
  purposes of  this  section,  "disorderly  conduct"  includes  disorderly
  conduct not in a public place. For purposes of this section, "members of
  the  same  family  or  household"  with  respect  to a proceeding in the
  criminal courts shall mean the following:
    * NB Effective November 11, 2010
    (a) persons related by consanguinity or affinity;
    (b) persons legally married to one another;
    (c) persons formerly married to one another regardless of whether they
  still reside in the same household;
    (d) persons who have a child in common,  regardless  of  whether  such
  persons have been married or have lived together at any time; and
    (e)  persons  who are not related by consanguinity or affinity and who
  are or have been in an intimate relationship regardless of whether  such

persons  have lived together at any time. 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".
    2.  Information  to petitioner or complainant. The chief administrator
  of the  courts  shall  designate  the  appropriate  probation  officers,
  warrant  officers,  sheriffs, police officers, district attorneys or any
  other law enforcement officials, to inform any petitioner or complainant
  bringing a proceeding under  this  section  before  such  proceeding  is
  commenced,  of  the  procedures  available for the institution of family
  offense proceedings, including but not limited to the following:
    (a) That there is  concurrent  jurisdiction  with  respect  to  family
  offenses in both family court and the criminal courts;
    (b)  That  a  family court proceeding is a civil proceeding and is for
  the purpose of attempting to stop the violence,  end  family  disruption
  and  obtain  protection.  That  referrals  for counseling, or counseling
  services, are available through probation for this purpose;
    (c) That a proceeding in the criminal courts is  for  the  purpose  of
  prosecution  of  the offender and can result in a criminal conviction of
  the offender;
    (d) That a proceeding or action subject  to  the  provisions  of  this
  section  is  initiated  at  the  time  of  the  filing  of an accusatory
  instrument or family court petition, not  at  the  time  of  arrest,  or
  request for arrest, if any;
    (f) That an arrest may precede the commencement of a family court or a
  criminal  court  proceeding,  but  an  arrest  is  not a requirement for
  commencing either proceeding.
    (h) At such time as the complainant first appears before the court  on
  a  complaint or information, the court shall advise the complainant that
  the complainant may: continue with the proceeding in criminal court;  or
  have   the  allegations  contained  therein  heard  in  a  family  court
  proceeding; or proceed concurrently in both criminal and  family  court.
  Notwithstanding a complainant's election to proceed in family court, the
  criminal  court  shall  not be divested of jurisdiction to hear a family
  offense proceeding pursuant to this section;
    (i) Nothing herein shall be deemed to limit or restrict  complainant's
  rights  to  proceed  directly  and  without  court  referral in either a
  criminal or family court, or  both,  as  provided  for  in  section  one
  hundred  fifteen  of  the  family  court  act and section 100.07 of this
  chapter;
    2-a. Upon the filing of an accusatory instrument charging a  crime  or
  violation  described  in subdivision one of this section between members
  of the same family or household, as  such  terms  are  defined  in  this
  section,  or  as soon as the complainant first appears before the court,
  whichever is sooner, the court shall advise the complainant of the right
  to proceed in both the criminal and family courts, pursuant  to  section
  100.07 of this chapter.
    3.  Official  responsibility.  No  official or other person designated
  pursuant to subdivision two of this section shall discourage or  prevent
  any person who wishes to file a petition or sign a complaint from having
  access to any court for that purpose.
    4.  When  a  person  is  arrested  for an alleged family offense or an
  alleged violation of an  order  of  protection  or  temporary  order  of
  protection  or  arrested  pursuant to a warrant issued by the supreme or

family court, and the supreme or family court, as applicable, is not  in
  session,  such  person shall be brought before a local criminal court in
  the county of  arrest  or  in  the  county  in  which  such  warrant  is
  returnable  pursuant to article one hundred twenty of this chapter. Such
  local criminal court may issue any order  authorized  under  subdivision
  eleven   of   section  530.12  of  this  article,  section  one  hundred
  fifty-four-d or one hundred  fifty-five  of  the  family  court  act  or
  subdivision three-b of section two hundred forty or subdivision two-a of
  section two hundred fifty-two of the domestic relations law, in addition
  to  discharging  other arraignment responsibilities as set forth in this
  chapter. In making such order, the local criminal court  shall  consider
  the  bail recommendation, if any, made by the supreme or family court as
  indicated  on  the  warrant  or  certificate  of  warrant.  Unless   the
  petitioner  or complainant requests otherwise, the court, in addition to
  scheduling further criminal proceedings, if any, regarding such  alleged
  family   offense   or  violation  allegation,  shall  make  such  matter
  returnable in the supreme or family court, as applicable,  on  the  next
  day such court is in session.
    5.  Filing  and  enforcement  of  out-of-state orders of protection. A
  valid order of protection or temporary order of protection issued  by  a
  court  of competent jurisdiction in another state, territorial or tribal
  jurisdiction shall be accorded full faith and credit and enforced as  if
  it  were  issued  by  a  court within the state for as long as the order
  remains in  effect  in  the  issuing  jurisdiction  in  accordance  with
  sections  two  thousand  two  hundred  sixty-five  and  two thousand two
  hundred sixty-six of title eighteen of the United States Code.
    (a) An order issued by a court of competent  jurisdiction  in  another
  state, territorial or tribal jurisdiction shall be deemed valid if:
    (i)  the  issuing court had personal jurisdiction over the parties and
  over the subject matter under the law of the issuing jurisdiction;
    (ii) the person against whom  the  order  was  issued  had  reasonable
  notice  and  an  opportunity to be heard prior to issuance of the order;
  provided, however, that if the order was a temporary order of protection
  issued in the absence of such person, that notice  had  been  given  and
  that  an  opportunity  to be heard had been provided within a reasonable
  period of time after the issuance of the order; and
    (iii) in the case of orders  of  protection  or  temporary  orders  of
  protection  issued  against  both a petitioner, plaintiff or complainant
  and respondent or defendant, the order or portion thereof sought  to  be
  enforced  was  supported  by:  (A)  a  pleading  requesting  such order,
  including,  but  not  limited  to,   a   petition,   cross-petition   or
  counterclaim;  and  (B)  a judicial finding that the requesting party is
  entitled to the issuance of the order which may result from  a  judicial
  finding  of  fact,  judicial  acceptance  of  an  admission by the party
  against whom the order was issued or judicial  finding  that  the  party
  against  whom  the  order  was issued had given knowing, intelligent and
  voluntary consent to its issuance.
    (b) Notwithstanding the provisions of article fifty-four of the  civil
  practice  law  and  rules,  an order of protection or temporary order of
  protection issued by a court of competent jurisdiction in another state,
  territorial or tribal jurisdiction, accompanied  by  a  sworn  affidavit
  that  upon information and belief such order is in effect as written and
  has not been vacated or modified, may be  filed  without  fee  with  the
  clerk  of the court, who shall transmit information regarding such order
  to  the  statewide  registry  of  orders  of  protection  and   warrants
  established   pursuant  to  section  two  hundred  twenty-one-a  of  the
  executive law; provided, however, that such filing  and  registry  entry
  shall not be required for enforcement of the order.

6.  Notice.  Every  police officer, peace officer or district attorney
  investigating a family offense  under  this  article  shall  advise  the
  victim  of  the  availability  of  a  shelter  or  other services in the
  community, and shall immediately give the victim written notice  of  the
  legal  rights  and  remedies  available  to a victim of a family offense
  under the relevant provisions of the criminal procedure law, the  family
  court  act and the domestic relations law. Such notice shall be prepared
  in Spanish and English and if necessary, shall be delivered orally,  and
  shall include but not be limited to the following statement:
    "If  you are the victim of domestic violence, you may request that the
  officer assist in providing for your safety and that of  your  children,
  including  providing  information  on how to obtain a temporary order of
  protection. You  may  also  request  that  the  officer  assist  you  in
  obtaining  your  essential personal effects and locating and taking you,
  or assist in making arrangements to take you, and  your  children  to  a
  safe place within such officer's jurisdiction, including but not limited
  to  a  domestic  violence  program,  a  family  member's  or  a friend's
  residence, or a similar place of safety. When the officer's jurisdiction
  is more than a single county, you may ask the officer  to  take  you  or
  make  arrangements to take you and your children to a place of safety in
  the county where the incident occurred. If you or your children  are  in
  need  of  medical  treatment,  you  have  the  right to request that the
  officer assist you in obtaining such medical treatment. You may  request
  a  copy  of  any  incident  reports  at no cost from the law enforcement
  agency. You have the right to seek legal counsel of  your  own  choosing
  and  if  you  proceed  in  family court and if it is determined that you
  cannot afford an attorney,  one  must  be  appointed  to  represent  you
  without cost to you.
    You may ask the district attorney or a law enforcement officer to file
  a  criminal complaint. You also have the right to file a petition in the
  family court when a family offense has been committed against  you.  You
  have  the  right  to  have  your  petition  and  request for an order of
  protection filed on the same day you appear in court, and  such  request
  must  be heard that same day or the next day court is in session. Either
  court may issue an order  of  protection  from  conduct  constituting  a
  family offense which could include, among other provisions, an order for
  the respondent or defendant to stay away from you and your children. The
  family  court  may also order the payment of temporary child support and
  award temporary custody of your children. If the family court is not  in
  session,  you  may  seek immediate assistance from the criminal court in
  obtaining an order of protection.
    The forms you need to obtain an order of protection are available from
  the family court  and  the  local  criminal  court  (the  addresses  and
  telephone  numbers  shall  be  listed).  The resources available in this
  community for information relating to domestic  violence,  treatment  of
  injuries,  and  places of safety and shelters can be accessed by calling
  the following 800 numbers (the statewide English  and  Spanish  language
  800  numbers  shall  be  listed  and  space  shall be provided for local
  domestic violence hotline telephone numbers).
    Filing a criminal complaint or  a  family  court  petition  containing
  allegations that are knowingly false is a crime."
    The  division  of  criminal  justice services in consultation with the
  state office for the prevention of domestic violence shall  prepare  the
  form  of  such written notice consistent with provisions of this section
  and  distribute  copies  thereof  to  the  appropriate  law  enforcement
  officials   pursuant  to  subdivision  nine  of  section  eight  hundred
  forty-one of the executive law.

Additionally, copies of such notice shall be  provided  to  the  chief
  administrator  of  the  courts  to  be  distributed to victims of family
  offenses through the criminal court at such time as such  persons  first
  come  before  the  court  and  to  the  state  department  of health for
  distribution  to all hospitals defined under article twenty-eight of the
  public health law. No cause of action for damages shall arise  in  favor
  of  any person by reason of any failure to comply with the provisions of
  this subdivision except upon a showing of gross  negligence  or  willful
  misconduct.
    7.  Rules  of  court  regarding  concurrent  jurisdiction.  The  chief
  administrator of the courts, pursuant to paragraph  (e)  of  subdivision
  two of section two hundred twelve of the judiciary law, shall promulgate
  rules  to  facilitate record sharing and other communication between the
  criminal and family courts, subject to  applicable  provisions  of  this
  chapter  and  the  family  court  act pertaining to the confidentiality,
  expungement and sealing of records, when such courts exercise concurrent
  jurisdiction over family offense proceedings.