NCJ Number
93494
Journal
New York State Bar Journal Volume: 54 Issue: 6 Dated: (October 1982) Pages: 352-357
Date Published
1982
Length
6 pages
Annotation
Recent New York State legislation has greatly expanded domestic violence victims' rights.
Abstract
Physical violence occurs between members of the same family more often than it does between any other category of individuals. Recent recognition of domestic violence as a major social problem has forced law enforcement to intervene in an arena that was previously avoided. In 1977, New York State legislation gave criminal courts concurrent jurisdiction with the Family Court to handle family offenses. Victims now may choose which of these two forums will hear their cases. The criminal court may also issue temporary and permanent orders of protection. Although the Family Court maintains the authority to transfer a case to criminal court, cases cannot be transferred from criminal court to Family Court. A class action suit by a group of battered women resulted in a decree requiring police to respond as soon as possible to every request for help in a domestic situation and to not refrain from arresting a person simply because of his relationship to the victim. Where a felony is suspected to have been committed, police must arrest the offender. The Domestic Violence Prosecution Unit in the Westchester County District Attorney's Office has shown that most victims of domestic violence (82 percent) follow through with charges and that over 94 percent of defendants are convicted. A total of 28 notes accompany the text.