What Is the Domestic Incident Report (DIR)?
The NYS Domestic Incident Report (DIR) is a form that police must complete every time they respond to a domestic incident, whether or not an arrest is made. It provides an official record of your account of what happened and can be used by you or your attorney in Family
Court, or by the District Attorney or judge. You will need a copy of the DIR if you are applying for crime victims’ compensation, and it may be used when applying for a Family Violence Option waiver. See the Department of Social Services section on waivers. It is important that you keep a copy for your records.
The officer should provide you with a copy of the DIR before leaving the scene. The paper should say “New York State Domestic Incident Report” on the top. It includes the following:
- Information about the current incident, including the names of all parties involved and the location where the incident took place;
- References to prior incidents;
- If no arrest was made, an explanation why;
- The responding officer’s name and badge number (so that you can contact that officer again if you have questions or need to add information to the police report);
- Your description of what happened (your “statement”). You can write this description or you can ask the officer to write it for you. If English is not your first language or you don’t understand what the officer wrote, ask for an interpreter who is someone other than your family or friends. Also note that your statement may be shown to the court, in which case your abuser may see the information as well. It is important to know that giving a false statement is illegal; and
- The Victim Rights Notice, which begins “IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, THE POLICE AND COURTS CAN HELP,” explains your legal rights and provides the state hotline number. You can ask the officer to read it to you.
The officer should also provide you with the phone number of the local domestic violence service provider, and may also help you contact the program at the scene.
The abuser may try to get you to change your description of what happened in order to avoid getting arrested or having an order of protection issued. Be aware that changing your description of the facts or withdrawing your complaint may result in negative consequences to you.