Family Court Cases And The Criminal Court System

Family court handles various types of matters. It handles abuse and neglect cases against children (child protective proceedings); adoptions; custody and visitation; domestic violence (family offenses) involving orders of protection; foster care approval and review; guardianship; juvenile delinquency; paternity; person in need of supervision (PINS); and child and spousal support. New York City Family Court has locations in each of the five boroughs; Queens; Kings (Brooklyn), New York (Manhattan) and Richmond (Staten Island) counties.

As a criminal lawyer, I have handled, and continue to handle, many cases in family court, especially in Queens County Family Court. Having practiced in both criminal court and family court for close to 30 years, I know how the two courts interact. Because of this, I can provide represent you regarding all related issues and advise you regarding your best available legal options.

Family Court Experience And Criminal Defense Representation

The family court and criminal court are interrelated in several ways. For example, if an individual contacts the police regarding a family member, or a person with whom he or she had an intimate relationship, regarding a simple harassment the police will advise that person contacting the police that they should proceed with an order of protection from the family court in which the harassment took place. However, if the allegation was more serious, such as an aggravated harassment, assault, criminal mischief, grand larceny, robbery or menacing, then the police can arrest the person because the actions have reached a level of a crime under the New York State Penal Law. A simple harassment is only a violation under the law, and a police officer would have observed the act of the harassment in order to make an arrest. So, the first instance where criminal court and family court are interrelated is that an individual can have a criminal case pending against a family member in family court for an order of protection, as well as a case pending against that same family member in criminal court.

Another instance where family court and criminal court overlap is when a person has a criminal domestic violence case against a person with whom they have a child or children. In that case, a criminal order of protection will be in existence, so that the parents cannot have any contact or any communication with each other. Therefore, the only way the parent who has the order of protection pending against him or her can see his or her child or children is to go to family court and seek an order of visitation or custody for their children. When a criminal court order of protection is in existence and there are children involved, a good criminal lawyer should request that the criminal order of protection be subject to any subsequent family court order of protection or custody. Therefore, despite the criminal court order of protection, a family court judge can give a visitation or custody order allowing the party who should have no contact with the other parent, to have a contact for the sole purpose of the visitation, care and custody of the children. The other instance would be when the parent with the custody of the children seeks child support or spousal support from the party against whom they have the order of protection.

Contact An Experienced Criminal Defense Attorney

If you have both a criminal case and family court case pending, hiring different lawyers for both cases can be very expensive. Call me at all 718-414-6186 or email me for a free consultation with respect to your pending matters in both courts. It is always more helpful to have an attorney who knows both sides of your cases in each court, family and criminal.