DOMESTIC VIOLENCE

What is a Domestic Incident Report?

A Domestic Incident Report (“DIR”) is a form the New York State police use to record information about a domestic incident.

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 you and them from the abuser.

How do you obtain a Family Court Order of Protection?

1. In order to request 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 lived with them or whether the relationship is of a sexual nature. You must have suffered a violation of one of the acts listed in something called the Family Court Act.
2. 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 may be able to seek relief the criminal justice system. The procedures are completely different in Criminal and Family and Family Court.