New York FCT Code § 812

Procedures for family offense proceedings
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§ 812. Procedures for family offense proceedings.  1. Jurisdiction.\nThe family court and the criminal courts shall have concurrent\njurisdiction over any proceeding concerning acts which would constitute\ndisorderly conduct, unlawful dissemination or publication of an intimate\nimage, harassment in the first degree, harassment in the second degree,\naggravated harassment in the second degree, sexual misconduct, forcible\ntouching, sexual abuse in the third degree, sexual abuse in the second\ndegree as set forth in subdivision one of section 130.60 of the penal\nlaw, stalking in the first degree, stalking in the second degree,\nstalking in the third degree, stalking in the fourth degree, criminal\nmischief, menacing in the second degree, menacing in the third degree,\nreckless endangerment, criminal obstruction of breathing or blood\ncirculation, strangulation in the second degree, strangulation in the\nfirst degree, assault in the second degree, assault in the third degree,\nan attempted assault, identity theft in the first degree, identity theft\nin the second degree, identity theft in the third degree, grand larceny\nin the fourth degree, grand larceny in the third degree, coercion in the\nsecond degree or coercion in the third degree as set forth in\nsubdivisions one, two and three of section 135.60 of the penal law\nbetween spouses or former spouses, or between parent and child or\nbetween 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. In any proceeding pursuant to this\narticle, a court shall not deny an order of protection, or dismiss a\npetition, solely on the basis that the acts or events alleged are not\nrelatively contemporaneous with the date of the petition, the conclusion\nof the fact-finding or the conclusion of the dispositional hearing. For\npurposes of this article, "disorderly conduct" includes disorderly\nconduct not in a public place. For purposes of this article, "members of\nthe same family or household" shall mean the following:\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 persons, including, but\nnot limited to district attorneys, criminal and family court clerks,\ncorporation counsels, county attorneys, victims assistance unit staff,\nprobation officers, warrant officers, sheriffs, police officers or any\nother law enforcement officials, to inform any petitioner or comp

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