§ 530.11 Procedures for family offense matters.\n 1. Jurisdiction. The family court and the criminal courts shall have\nconcurrent jurisdiction over any proceeding concerning acts which would\nconstitute disorderly conduct, unlawful dissemination or publication of\nan intimate image, harassment in the first degree, harassment in the\nsecond degree, aggravated harassment in the second degree, sexual\nmisconduct, forcible touching, sexual abuse in the third degree, sexual\nabuse in the second degree as set forth in subdivision one of section\n130.60 of the penal law, stalking in the first degree, stalking in the\nsecond degree, stalking in the third degree, stalking in the fourth\ndegree, criminal mischief, menacing in the second degree, menacing in\nthe third degree, reckless endangerment, strangulation in the first\ndegree, strangulation in the second degree, criminal obstruction of\nbreathing or blood circulation, assault in the second degree, assault in\nthe third degree, an attempted assault, identity theft in the first\ndegree, identity theft in the second degree, identity theft in the third\ndegree, grand larceny in the fourth degree, grand larceny in the third\ndegree, coercion in the second degree or coercion in the third degree as\nset forth in subdivisions one, two and three of section 135.60 of the\npenal law between spouses or former spouses, or between parent and child\nor between members of the same family or household except that if the\nrespondent would not be criminally responsible by reason of age pursuant\nto section 30.00 of the penal law, then the family court shall have\nexclusive jurisdiction over such proceeding. Notwithstanding a\ncomplainant's election to proceed in family court, the criminal court\nshall not be divested of jurisdiction to hear a family offense\nproceeding pursuant to this section. For purposes of this section,\n"disorderly conduct" includes disorderly conduct not in a public place.\nFor purposes of this section, "members of the same family or household"\nwith respect to a proceeding in the criminal courts shall mean the\nfollowing:\n (a) persons related by consanguinity or affinity;\n (b) persons legally married to one another;\n (c) persons formerly married to one another regardless of whether they\nstill reside in the same household;\n (d) persons who have a child in common, regardless of whether such\npersons have been married or have lived together at any time;\n (e) persons who are not related by consanguinity or affinity and who\nare or have been in an intimate relationship regardless of whether such\npersons have lived together at any time. Factors the court may consider\nin determining whether a relationship is an "intimate relationship"\ninclude but are not limited to: the nature or type of relationship,\nregardless of whether the relationship is sexual in nature; the\nfrequency of interaction between the persons; and the duration of the\nrelationship. Neither a casual acquaintance nor ordinary fraternization\nbetween two individuals in business or social contexts shall be deemed\nto constitute an "intimate relationship"; and\n (f) persons who are related by consanguinity or affinity to parties\nwho are or have been in an intimate relationship as defined in paragraph\n(e) of this subdivision.\n 2. Information to petitioner or complainant. The chief administrator\nof the courts shall designate the appropriate probation officers,\nwarrant officers, sheriffs, police officers, district attorneys or any\nother law enforcement officials, to inform any petitioner or complainant\nbringing a proceeding under this section before such proceeding is\ncommenced, of the procedures available for the institution of family\noffense proceedings, including but not limited to the following:\n (a) That there is concurrent jurisdiction with respect to family\noffenses in both family court and the criminal courts;\n (b) That a family court proceeding is a civil proceeding and is for\nthe
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.