Domestic violence is a serious problem that affects far too many New York City families. Families can be affected by actual occurrences of violence as well as by false allegations that are often used in an attempt to gain leverage in divorce proceedings. In recent years, domestic violence and divorce have been handled in one court rather than in separate criminal courts and family law courts. The matters are now handled in integrated domestic violence (IDV) court.
As a Manhattan order of protection attorney, I represent victims of domestic violence and people who have been falsely accused of domestic violence. I will listen to your side of the story and stand by your side — no matter what side of the story you are on.
At the Law Office of Elliot Green, I represent clients in IDV court. I represent victims and the falsely accused from Brooklyn, Manhattan and the surrounding parts of New York.
Orders of Protection
As a Manhattan order of protection lawyer, I provide comprehensive representation for individuals involved in sensitive and urgent domestic violence matters. If you require an order of protection, or if you have been served an order of protection, please talk to me.
One Judge for One Family
In the past when an individual was faced with a domestic violence matter and a pending divorce, that person had to deal with two courts — the criminal court and the family court. Now, domestic violence matters and divorce matters (including child custody and visitation) are handled in IDV court. One judge handles one family. When you are dealing with these legal issues, you may feel overwhelmed by the visits to court. With this way of handling IDV cases, your court visits can be minimized. Additionally, the judge will be familiar with your entire situation, rather than just one side of it.
Domestic violence cases, which involve the physical and/or mental harm of a spouse or child, are classified as criminal cases and up until recent times, were heard in criminal court. However, in an effort to assist families through such difficult cases, Integrated Domestic Violence (IDV) Courts were created.
IDV Courts are part of the Supreme Court and are governed by the motto “One Family – One Judge.” Whereas domestic violence cases are usually
heard in multiple courts and by multiple judges, putting a toll on the family involved in the case, IDV Courts allow a single judge to preside over domestic violence cases, preventing the need for families to travel across the nation to have their cases heard.
The goal of IDV Courts is to ensure consistence with court decisions and to inherently make things easier on a family. By having only one judge preside over the case, proceedings will be less impersonal and the family’s needs will be better taken care of. In addition, having a single judge preside over one case will lead to a much faster resolution and will ensure conflicting judicial orders are not issued.
Currently, there are dozens of IDV Courts operating across New York after former Judge Judith Kaye expanded the program statewide in 2003. Not only do IDV Courts conduct domestic violence hearings, but they also work closely with victim advocacy programs in order to provide counseling and refuge for victims, should they need or want it.
What Types of Cases are Heard in IDV Court?
Criminal, matrimonial and family cases that are filed in the same county, involve domestic violence, and which involve the same family can be heard in IDV Court. IDV Courts are unique in the sense that they call for judicial monitoring of domestic violence offenders and address the issue of defendant accountability, meaning that the courts will schedule regular compliance dates and monitor defendants involved in the domestic violence incident. This will in turn promote greater safety for the victims involved.
Will Your Case be Transferred to IDV Court?
In order for your case to be transferred into IDV Court, contributing courts, attorneys, police officers, and other service providers involved in the case must determine the eligibility of the case and recommend it be transferred. However, the ultimate decision rests in the hands of the IDV Court Judge who will then issue a Transfer Order to have your case moved to IDV Court.
If you or someone you know has been the victim of domestic violence, turn to New York family law attorney Elliot Green immediately for assistance. Mr. Green will review your case thoroughly and help determine if it is eligible to be heard in an IDV Court.
Contact My Law Firm for a Free 30 Minute Initial Consultation
For your convenience, I offer day, evening and weekend appointments. I promptly return phone calls and e-mails, even outside of normal business hours. As your Brooklyn integrated domestic violence attorney, I will be accessible to you from the start of your case to the finish. Contact me to schedule an appointment.
For more information about Domestic violence click here.
For more information about Domestic violence in Queens click here.
For more information about Domestic violence in Staten Island click here.
