DOMESTIC VIOLENCE

What is a Domestic Incident Report?

A Domestic Incident Report (“DIR”) is a form that the New York State police use to record information about a domestic incident. The report contains information about the parties involved and the date, time and place of the incident. The report includes the police officers' observations and a summary of the incident. There is also a space in the form for the victim to write a brief statement about the incident. The DIR is a multi-part form, which allows both the police officers and the victim to retain a copy. If the incident is a serious domestic violence felony, police are required to make an arrest.

What is an order of protection?

An order of protection is an order issued by the Family Court, Criminal Court or Supreme Court that orders an abuser to stop committing offenses against you. You can also request an order of protection on behalf of your children which would protect both them and you from the abuser.

How do you obtain a Family Court Order of Protection?

In order to receive an order of protection from the Family Court, the abuser must either be someone you are married to or divorced from; the parent of your child(ren); related to you by blood, such as a child, parent or sibling; or someone who you are or have been in an intimate relationship with, regardless of whether you have lived with them or whether the relationship is of a sexual nature. Orders of protection may be full or limited. A full order of protection means that the abuser must stay completely away from you, your home, job and school, and must not abuse, harass, or threaten you. A limited order of protection allows the abuser to maintain contact with you; however, the abuser cannot abuse, harass, or threaten you.

Initially the order that you obtain in Family Court is temporary and only becomes effective once the alleged abuser is served with it. You cannot serve the order of protection yourself. The order of protection must be served by either the police or anyone other than you who is over the age of 18. A temporary order of protection is issued the same day that a complainant files for an order of protection and lasts only until the next court date, at which point it may be extended. You will receive the future court date on the same day that you receive the temporary order of protection.

On the specified court date, both you and the abuser will have to go to court to appear before the judge. The abuser may either opt to admit to the allegations in the petition and consent to abide by the order or deny the allegations. If the abuser admits to the allegations in the petition and consents to abide by the order, the order will become “permanent” (meaning that the order will last for a fixed amount of time, usually one or three years). If the abuser denies the allegations, a date will be set for a “fact finding hearing,” which resembles a trial. If after the fact finding hearing the court finds that the abuser did indeed commit the allegations in the petition, your order of protection will become “permanent,” as described above. If after the fact finding hearing the court finds that the abuser did not commit the allegations, the case will be dismissed and the temporary order of protection will end. If the abuser is served and fails to appear in court, the judge will either adjourn the case and schedule another time for the abuser to appear or will grant your petition in the abuser's absence.

In Family Court there are several organizations that can help you file a petition for a temporary order of protection. In Yonkers Family Court and White Plains Family Court you may seek assistance from the Pace Family Court Legal Program, as well as from the probation department of each Family Court in Westchester County.

When do you obtain a Criminal Court Order of Protection?

If your relationship to the abuser does not allow you to file a petition in Family Court, you must seek relief in Criminal Court. The procedure for obtaining an order of protection in Criminal Court is completely different than in Family Court. In Criminal Court, the District Attorney must bring a criminal case against your abuser based on an arrest in order for you to obtain an order of protection. The order will be temporary and you will receive it in the mail. If your abuser is convicted of the criminal offense against you, the temporary order of protection can be made “permanent”. For more information about a Criminal Court order of protection, contact the Westchester County Domestic Violence & Child Abuse Bureau, or Attorney's Office at (914) 995-3000.