Full question:
Situation: My brother came to my home, entered without permission, a argument ensued. I immediately filed a criminal complaint against him. Five days later he filed an assault complaint against me. Should the D.A. Office handle both complaints or should the matter be in Family Court. Please support your answer with section of law which tend to support your answer. I feel that since my complaint was filed, my Brother act are act to get even. Plus being family related the matter(s) should be in Family Court not criminal.
- Category: Divorce
- Date:
- State: New York
Answer:
According to New York law, the Family Court has exclusive original jurisdiction over certain family-related matters, including abuse and neglect proceedings, support proceedings, and custody issues (N.Y. Fam. Ct. Act § 115). However, the Family Court also has concurrent jurisdiction with criminal courts over family offenses as defined in Article 8 of the Family Court Act.
In your situation, since both complaints involve family members and may relate to family offenses, it is possible for the Family Court to handle the matter. This would depend on the specifics of the complaints and whether they meet the criteria for family offenses under the law. Therefore, while the District Attorney's Office could handle the criminal aspects, the Family Court may also have jurisdiction due to the familial relationship and nature of the complaints.
Ultimately, the decision on where to file may depend on the details of the allegations and the legal strategies involved. It may be beneficial to consult with a legal professional for guidance tailored to your specific circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.