Criminal Order of Protection and Family Court Order of Protection
E Even if a petition is filed in the Family Court, there is no way to prevent prosecution of the District Attorney in the Criminal Court. The most important thing is to be aware that the case may be assigned to the criminal court, regardless of your intention or will. For example, if the police are on the scene and arrest the abuser, the case will be automatically sent to criminal court. The difference between the Family Court and the Criminal Court is as follows:
You may receive a temporary or urgent Order of Protection more easily than a criminal court.
The parties to the lawsuit are the victim and the abuser (Respondent).
Even if the evidence is a little weak, it’s still a case. Applying the principle of “Preponderance of the Evidence”
Victim court attendance required
Case records are treated as personal data, but public are allowed to enter the court
You can withdraw your petition at any time to stop the case
Final Order of Protection to Respondent
In criminal cases, the right to prosecute is up to the District Attorney or police.
The Defendant is charged with the crime he committed, and the State of New York becomes the Plaintiff.
Stronger evidence is needed than Reasonable Doubt
If the evidence related to the crime is ovious, the prosecutor may proceed with the case without the defendant.
Allow the public to view case records and enter the court
The case cannot be stopped during litigation because the victim does not want it. Only the District Attorney has the authority to suspend the case. The victim can tell the prosecutor that he or she does not want to prosecute, but the prosecutor has the final right to make a decision.
A final Order of Protection may be issued to the Defendant, as well as Criminal convictions and prison sentences.