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OPDV Bulletin:
The Legal Corner

ONE FAMILY/ONE JUDGE: INTEGRATED DOMESTIC VIOLENCE COURT

By Robert F. Nicolais, Esq., Project Director, Integrated Domestic Violence Court, Westchester County Courthouse

Purpose of the Court

The Westchester County Integrated Domestic Violence Court (IDV Court) is a highly specialized court dedicated to addressing the myriad issues that may arise in the context of domestic violence. The purpose of the Court is consistent with the vision included in Chief Judge Kaye's State of the Judiciary Address this year: "From orders of protection to child custody determinations to divorce decrees, related matters would be handled in one courtroom, promoting not just informed decision making but also efficient case management, finally and forever changing the way we treat families and children in our justice system."

Established in October 2001, the IDV Court embraces the concept of "One Family/One Judge" which provides for a single judge to address the multiple legal issues - criminal, family and matrimonial - that can occur in domestic violence-related circumstances, thereby helping to ensure victim safety, continuity, effective case management, monitoring and disposition.

Oftentimes, there are multiple legal issues that arise in domestic violence cases that are interrelated and that require a person to appear in Criminal and/or Family Court for domestic violence related offenses, Supreme Court for divorce and Family Court for custody, visitation, support or paternity. The IDV Court simplifies the court process for the parties, eliminates multiple court appearances and provides for one judge to handle all aspects of a domestic violence case, including related issues that previously were heard in other courts.

Jurisdiction of the Court

Presently, the IDV Court, which exercises its powers as a Supreme Court as authorized by Chief Administrative Judge Jonathan Lippman, has jurisdiction over all felony domestic violence related criminal offenses committed in Westchester County and domestic violence related misdemeanor criminal offenses committed in the cities of White Plains and New Rochelle. If, while the criminal matter remains active, a Family Court or matrimonial action is pending or commenced by the parties, then the IDV Court will transfer the matter for further proceedings by the same Court and same judge.

Staff of the Court

The IDV Court is presided over by Supreme Court Justice Daniel D. Angiolillo. The court staff consists of specially-trained professionals which include the Court Clerk, Law Secretary, Court Office Staff and Case Managers/Resource Coordinators. Each plays an important role in the IDV Court operation, whether it involves a criminal, Family Court or matrimonial matter.

A unique and important function in the IDV Court is the intensive judicial monitoring of cases. Critical to this function is the role of the Case Managers/Resource Coordinators. In this capacity, the Case Manager/Resource Coordinator maintains critical linkages with criminal justice partners and off-site agencies and makes available current information so that the Judge is well informed before each criminal, Family or matrimonial court appearance.

Another important function in the IDV Court is that of the Victim Advocate. The role of the Victim Advocate is to provide assistance, guidance, referral and support services to victims on a confidential basis. The Victim Advocate is a representative from My Sisters' Place, a local service provider, and is available when the IDV Court is in session and will also provide follow-up contacts with victims of domestic violence.

Operation of the Court

Much time was spent with court staff from Family and Supreme Courts in research, systems analyses, planning, and policy formulation related to the new IDV Court administration and management. Operational, technical and legal issues were identified and resolved with the goal of developing a seamless segue between the various Court functions. The net result was summed up by one attorney who described the court operation in a letter to a local newspaper as "a well-oiled machine." And another attorney, who, during a conference about an issue with overlapping implications in the criminal and Family court cases, remarked, "It's great that you can deal with these issues."

The dedicated and professional staff of the IDV Court continues to refine the Court's operation so that the complex cases involving multiple parties and issues that come before the Court are handled in a comprehensive and efficient manner.

This article originally appeared on the Division of Court Operations Nuts & Bolts website. For more information about the Integrated Domestic Violence Family Court, contact Robert Nicolais at (914) 995-6038.