NCJ Number
73154
Journal
Syracuse Law Review Volume: 31 Issue: 2 Dated: (Spring 1980) Pages: 601-630
Date Published
1980
Length
30 pages
Annotation
Provisions of the New York Family Court Act (1962), which intended to provide legislative relief to the battered spouse, effects of the legislation, and proposed statutory changes are discussed.
Abstract
Prior to 1962, any spouse who had been assaulted and desired judicial assistance was compelled to commence a criminal action. By 1977, discontent with family offenses law was apparent, as victims were not receiving adequate relief from either the police or the courts. Thus, in that year the New York State Legislature enacted a bill that withdrew exclusive jurisdiction from the family court and gave concurrent jurisdiction to both the family court and the criminal courts. This bill was not a satisfactory remedy, however, because once the choice of court had been made any subsequent action arising out of the same offense could not be pursued in the alternative forum. Subsequent legislation passed in 1978 ended the irrevocable bar on forum selection. The recent legislation stipulates that the change of forum must take place within 72 hours of the filing of an accusatory instrument or a family court petition unless there is a prior finding by the family or criminal court on the merits. Nevertheless, the current choice-of-forum provisions do not adequately meet victims' needs. The law should be further amended to achieve the following objectives: ensuring victims adequate access to the police and courts, guaranteeing the right of legal counsel to those battered spouses who appear in family court, diminishing the likelihood that some sections of the family offenses law will be declared unconstitutional, and making the statutory language more comprehensible. Footnotes are included.