(BPI #036)

Practice Areas:  

• Preparation of Petition and filing procedures

• Linkages with comprehensive victim advocacy and services

• Procedures for emergency hearings and orders

• Procedures for service of process for temporary orders

• Standardized civil protection order elements

• Enforcement of orders from other state and tribal jurisdictions

Date of Implementation: 1994

Overview: A Broad effort to respond to VAWA and the New York State Family Protection and Domestic Violence Intervention Act. The court system established a number of programs aimed at increasing access to the system and protecting the victim while being fair to the accused.

Key Elements:

• Standardized forms for orders of protection.

• Revised court rules to facilitate communication between courts and regular inter-agency meetings—critical to implementation.

• Improved procedures with respect to service of preliminary orders by law enforcement and linkages of victims with services.

• Establishment of a computer registry linked to the Federal Protection Order File in NCIC. 

• “Family Justice Program” established pilot night court and satellite court programs to increase access by victims of domestic violence to protection orders. “Family Justice II” established specialized domestic violence parts in criminal courts, and “Family Justice III” established four pilot integrated Family/matrimonial/domestic violence courts, encompassing both civil and criminal jurisdiction.

Replication: Elements of the program have been replicated in several jurisdictions across New York State. A conference on full faith and credit was replicated in regions across the country.  New York’s technology division has consulted with several other states in establishing domestic violence registries.

Evaluation: Evaluation data regarding civil case processing not reported. An evaluation of the specialized Felony Domestic Violence Court in Kings County was completed by the Urban Institute in 2001.

Other Support:  Articles describing elements of the program include J.S. Kaye and S. Knipps “Judicial Responses to Domestic Violence: The Case for a Problem-Solving Approach,” 27 Western St. U.L.Rev. 1 (1999-2000); J.S. Kaye and J.S. Lippman, “New York State Unified Court System: Family Justice Programs,” 36 Fam. and Conciliation Courts Rev 144 (Apr., 1998).

Contact & Related Links: 

Janet R. Fink
Deputy Counsel 
NY State Unified Court System
25 Beaver Street, #1170
New York, NY 10004
(212) 428-2150
(212) 428-2155 Fax
jfink@courts.state.ny.us

Domestic violence forms for orders of protection are available on-line at http://www.courts.state.ny.us/forms/familycourt/domesticviolence.shtml.   

National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Phone (800)616-6109 Fax (757)564-2022
Questions or Comments - email webmaster@ncsc.dni.us
Copyright © 2002 The National Center for State Courts. All Rights Reserved.