(From revised Domestic Incident Report DCJS Copyright © 2016 by NYS DCJS) (printer-friendly/pdf)
IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, THE POLICE AND COURTS CAN HELP.
What the Police Can Do:
- Assist you with finding a safe place, a place away from the violence.
- Inform you about how the court can help protect you from the violence.
- Help you and your children get medical care for any injuries you received.
- Assist you in getting necessary belongings from your home.
- Provide you with copies of police reports about the violence.
- File a complaint in criminal court, and tell you where your local criminal and family courts are located.
What the Courts Can Do:
- If the person who harmed or threatened you is a relative by blood or marriage, or is someone you’ve had a child with, or is someone with whom you are or have had an intimate relationship, then you also have the right to take your case to family court, criminal court or both.
- The forms you need are available from the family court and the criminal court.
- The courts can decide to provide a temporary order of protection for you, your children and any witnesses who may request one.
- The family court may appoint a lawyer to help you if the court finds that you cannot afford one.
- The family court may order temporary child support and temporary custody of your children.
New York Law States: 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 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. Filing a criminal complaint or a family court petition containing allegations that are knowingly false is a crime. (NYS Criminal Procedure Law, Section 530.11 (6))
NEW YORK STATE
24 HOUR DOMESTIC AND SEXUAL
English and español, Multi-language Accessibility
National Relay Service for Deaf or Hard of Hearing: 711
NEW YORK CITY (all languages)
1-800-621-Hope (4673) or 311
New York City—Criminal Court Information
To obtain court information for other areas of NYS, ask the responding officer for court numbers, consult your phone directory, or call the Domestic and Sexual Violence Hotline (1-800-942-6906)
Victim Information and Notification Everyday (VINE)
Victims may receive information relating to the status and release dates of persons incarcerated in state prison or local jails in New York State.
For more information on this program and how you can register, call
1-888-VINE-4NY (1-888-846-3469) or www.vinelink.com
STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION (SAVIN-NY)
Victim notification program which allows domestic violence victims to register to be notified when an Order of Protection has been served