Integrated Domestic Violence Court is a special Hybrid Part of Supreme Court which empowers a Family Court Judge to sit as a Criminal Court Judge for the adjudication of the criminal domestic violence; a Family Court Judge for the purpose of deciding Custody, Visitation and Orders of Protection, and; in the case where the parties are married, a Supreme Court Judge for the purpose of dissolving the marriage, distributing the assets and debts of the marital estate and issues of maintenance.
I have practiced on the many Assigned Counsel Panels including the Family Court Panel; Misdemeanor Criminal Panel and Felony Criminal Panel. As such, I have been assigned to more than a few cases in this part. My experience lets the judge know that if necessary, I can and will litigate every aspect of a matter to get my client their most favorable disposition.
This is not a Part anyone wants to have their matter heard. Should you find yourself in this court, you really need someone with extensive experience in such matters. Cases do not originate in this part. This part is an attempt to streamline matters of Domestic violence so that matters didn’t have to be litigated twice, once criminally and the second time to determine what outcome is in the best interest of the child pending the criminal determination. The Family Court Matter should follow the Criminal Matter. An experienced lawyer, like myself would know to explain to the Judge that if both cases are dependent on the same facts, the criminal matter has the highest burden of proof and that a Family Court Finding of Fact based on a Preponderance of the Evidence Standard could unduly prejudice the criminal matter.
All cases in this Part have a criminal charge attached to them. The Family Court regularly prosecutes Family Offenses such as matters with Orders of Protection so cases in this Part are more severe usually and are removed from the local Justice Court and all related matters are resolved in the IDV Part. Once a case is assigned to IDV they never return to their original court during the tenancy of that instant action. They are assigned a new Docket Number and there is an Order generated removing the matter from the local criminal court. At a later date a party could go back to the Family Court to argue custody without going back to the Integrated Domestic Violence Court, but not until a final order has been issued by Integrated Domestic Violence Court.
No wants to find themselves in this Part. Cases don’t originate in this Part. Should you find yourself here, call me, I can help. I have the experience to protect you.