Should the D.A. Office handle both complaints or should the matter be in Family Court?

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: 04/07/2025
• State: New York

Answer:

The following is a NY statute:

 

§ 115. Jurisdiction of family court.

 

(a) The family court has exclusive original jurisdiction over

 

(i) abuse and neglect proceedings, as set forth in article ten;

 

(ii) support proceedings, as set forth in article four;

 

(iii) proceedings to determine paternity and for the support of
children born out-of-wedlock, as set forth in article five;

 

(iv) proceedings to permanently terminate parental rights to
guardianship and custody of a child: (A) by reason of permanent neglect,
as set forth in part one of article six of this act and paragraph (d) of
subdivision four of section three hundred eighty-four-b of the social
services law, (B) by reason of mental illness, mental retardation and
severe or repeated child abuse, as set forth in paragraphs (c) and (e)
of subdivision four of section three hundred eighty-four-b of the social
services law, and (C) by reason of the death of one or both parents,
where no guardian of the person of the child has been lawfully
appointed, or by reason of abandonment of the child for a period of six
months immediately prior to the filing of the petition, where a child is
under the jurisdiction of the family court as a result of a placement in
foster care by the family court pursuant to article ten or ten-A of this
act or section three hundred fifty-eight-a of the social services law,
unless the court declines jurisdiction pursuant to section three hundred
eighty-four-b of the social services law;

 

(v) proceedings concerning whether a person is in need of supervision,
as set forth in article seven; and

 

(vi) proceedings concerning juvenile delinquency as set forth in
article three.

 

(b) The family court has such other jurisdiction as is set forth in
this act, including jurisdiction over habeas corpus proceedings and over
applications for support, maintenance, a distribution of marital
property and custody in matrimonial actions when referred to the family
court by the supreme court, conciliation proceedings, and proceedings
concerning physically handicapped and mentally defective or retarded
children.

 

(c) The family court has such other jurisdiction as is provided by
law, including but not limited to: proceedings concerning adoption and
custody of children, as set forth in parts two and three of article six
of this act; proceedings concerning the uniform interstate family
support act, as set forth in article five-B of this act; proceedings
concerning children in foster care and care and custody of children, as
set forth in sections three hundred fifty-eight-a and three hundred
eighty-four-a of the social services law and article ten-A of this act;
proceedings concerning guardianship and custody of children by reason of
the death of, or abandonment or surrender by, the parent or parents, as
set forth in sections three hundred eighty-three-c, three hundred
eighty-four and paragraphs (a) and (b) of subdivision four of section
three hundred eighty-four-b of the social services law; proceedings
concerning standby guardianship and guardianship of the person as set
forth in part four of article six of this act and article seventeen of
the surrogate's court procedure act; and proceedings concerning the
interstate compact on juveniles as set forth in chapter one hundred
fifty-five of the laws of nineteen hundred fifty-five, as amended, the
interstate compact on the placement of children, as set forth in section
three hundred seventy-four-a of the social services law, and the uniform
child custody jurisdiction and enforcement act, as set forth in article
five-A of the domestic relations law.

 

(d) Notwithstanding subdivisions (a) through (c) of this section,
jurisdiction of the family court and tribal courts of Indian tribes
designated by the Secretary of the Interior over those child custody
proceedings provided for in articles three, seven, ten and ten-A of this
act and sections three hundred fifty-eight-a and three hundred
eighty-four-b of the social services law involving Indian children as
defined in subdivision thirty-six of section two of the social services
law shall be subject to the terms and conditions set forth in applicable
sections of title twenty-five of the United States code; provided that
tribal courts of Indian tribes designated as such by the state of New
York shall have jurisdiction over such child custody proceedings
involving Indian children to the same extent as federally designated
Indian tribes upon the approval of the state office of children and
family services pursuant to section thirty-nine of the social services
law.

 

(e) The family court has concurrent jurisdiction with the criminal
court over all family offenses as defined in article eight of this act.

 

(f) The family court has jurisdiction to direct the commencement of
proceedings to suspend the driving privileges, recreational licenses and
permits, and license, permit, registration or authority to practice of
persons who are delinquent in their child or combined child and spousal
support obligations or persons who have failed, after receiving
appropriate notice, to comply with summonses, subpoenas or warrants
relating to paternity and child support proceedings as set forth in
sections four hundred fifty-eight-a, four hundred fifty-eight-b, four
hundred fifty-eight-c, five hundred forty-eight-a, five hundred
forty-eight-b, and five forty-eight-c of this act. Such jurisdiction
shall include jurisdiction over all boards, departments, authorities or
offices of the state for the purposes of implementing such section.