A case gets to Integrated Domestic Violence Court (IDV Court) if the same parties or the same family has a case in family court for an order of protection plus a matrimonial case, a criminal case, or both, in the same county and the main issue in each case is domestic violence. One of the judges assigned to the case, for example, the matrimonial court judge or the family court judge, can contact the IDV part to see if the IDV judge will accept the case. The case then transfers to IDV if the IDV judge accepts the case. If the IDV judge does not accept the cases, then the cases remain where they are–in matrimonial court, in family court in criminal court, or in all three. This could sometimes lead to conflicting orders if multiple judges are handling your case. If the IDV judge accepts the case, then a transfer order is sometimes issued by the judge, and you are given a new court date to appear in IDV Court.
IDV judges specialize in many areas of the law such as criminal law, matrimonial law, and family court law. Criminal law as it relates to orders of protection, bail, and sentencing, family law as it relates to order of protection, custody, visitation and child support, and divorce it as relates to custody, visitation, legal fees, child support, equitable distribution, and maintenance. The goal of the IDV Courts is to protect the victim as well as to ensure that the offender or opposing party receives help. The court appearances in IDV court are frequent as it allows the judge to monitor the offender or the opposing party to see if they are complying with the suggestions or orders of the court. If one does not comply with a court order, then there can be penalties for non-compliance such as a fine, imprisonment, or both, and it is the judge who imposes the penalties.
Jayson Lutzky gives free consultations, and can he be reached at 718-329-9500. He has been practicing law for over 36 years in the Bronx, and he can help you with your legal matter. Due to COVID-19, he is available by telephone or by Zoom Monday to Friday from 9am to 4pm. Regular business hours are Monday to Friday from 9am to 5pm, with the last appointment at 4pm, and Saturday, from 10am to 2pm, with the last appointment at 2pm. Visit www.MyNewYorkCityLawyer.com to learn more.