Victim Rights Notice - Text Version

(From revised Domestic Incident Report DCJS Copyright © 2005 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, then you also have the right to take your case to family court, criminal court, or both.
• If you and the abuser are not related, were never married or don’t have a child in common, then your case can be heard only in the criminal court.
• 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 City Court Information
County	Criminal Court (General Information: 646-386-4500)		Family Court
Bronx	215 East 161 St., Bronx	718-590-2000	900 Sheridan Ave., Bronx	718-590-3318
Kings	120 Schermerhorn St., Brooklyn	718-643-3909	330 Jay St., Brooklyn, NY	347-401-9600
New York	100 Centre St., New York	646-386-4615	60 Lafayette St., New York	646-386-5200
Queens	125-01 Queens Blvd., Kew Gardens	718-520-3595	151-20 Jamaica Ave., Jamaica	718-298-0197
Richmond	67 Targee St., Staten Island	718-390-8400	100 Richmond Terrace, Staten Island	718-390-5460

To obtain court information for other areas of NYS, ask the responding officer for court numbers, consult your phone directory, or call the domestic violence hotline (phone number provided above).