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Rights of a Victim
of Domestic Violence
If you are the victim of domestic violence and a police officer has responded,
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,
- that the officer assist you in obtaining your essential
personal effects and in locating and taking you and your
children, 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 and your
children, or make arrangements to take you and your children,
to a place of safety in the county where the incident occurred.
- that the officer assist you in obtaining such medical
treatment, if you or your children are in need of medical
treatment.
- a copy of any incident reports at no cost from the law
enforcement agency.
- 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.
- 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 the Family Court or the District 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 also may order the payment of temporary child
support and award you temporary custody of your children. If
the Family Court is not in session (for example, on a weekend
or holiday), you may seek immediate assistance from a criminal
court like the District Court in obtaining an order of protection.
The District Court may issue or modify an order of protection
that will give you enough time to go to the Family Court to
file a petition.
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.
The forms you
need to obtain an order of protection are available from:
- the Suffolk
County Family Court
Probation Department Intake
400 Carleton Avenue, Central Islip NY 11722
631 853-4246
- and the District Court Clerk's Office
400 Carleton Avenue,
Central Islip NY 11722
631 853-7500
The resources available in your community for information
relating to domestic violence, treatment of injuries, and places
of safety and shelters can be accessed by calling the following
toll-free numbers for the New York
State Coalition Against Domestic Violence Hotline: 1-800-942-6906 (in
Spanish: 1-800-942-6908)
Filing a criminal complaint or a family court petition containing
allegations that are knowingly false is a crime.
If a criminal charge
has not been filed start with your
local
police precinct to file a charge. Only then can an Order
of Protection be obtained in a criminal court.
If a criminal charge has
been filed start with the
See also  The Pocketbook (32pp 2006) developed by the County Executive's Task Force to Prevent Family Violence.
More information about the rights of a crime victim and witnesses ... |
Suffolk
Courts
