Criminal Defense

Asked over 2 years ago - Hollis, NY

I am the petitioner in the family court for custody,stay away order, support cases against my husband. My husband had a criminal case for just a violation. Now the matter of family court has got transferred to Supreme court Integrated Domestic violence part. I am unable to understand what is happening in his criminal case.Is it dismissed ? I need a lawyer please

Additional information

I am unable to understand why the case went to supreme court domestic violence integrated part. Criminal charges were only for harassment. It could have been decided in the criminal court itself.Are the charges upgraded?who will prosecute the criminal case in supreme court then?

Attorney answers (5)

  1. Benjamin J Lieberman

    Contributor Level 20

    4

    Lawyers agree

    Answered . The case is not dismissed. The IDV part was created so that people with multiple cases can have all their matters heard before on judge. Your husband now has multiple cases ie family and criminal that's why it was transferred. On the next date in court ask the judge to appoint a lawyer for you. If eligible the court may do so.

  2. Howard A. Schwartz

    Contributor Level 20

    4

    Lawyers agree

    Answered . The IDV part handles matters where there are criminal and domestic relations matters such as support, custody, visitation and/or divorce. It does not mean that the criminal case is dismissed. The criminal case will be prosecuted by the district attorney's office just as it was in criminal court. You do not need representation in the criminal matter and if fact, if you are unable to afford representation it is possible the court will appoint you counsel in the domestic relations matters. Of course you are free to have counsel of your own choosing for the non-criminal issues and it might be advisable to contact an attorney to discuss all the issues you are presently facing. Good luck.

    I have been an attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email:... more
  3. Scott Evan Gross

    Contributor Level 12

    4

    Lawyers agree

    Answered . The integrated part is one part which hears family matters as well as criminal matters. You should hire an attorney that has experience in both areas.

    Scott Gross
    Scottgrosslaw.com

    This is not a solicitation nor is it legal advice. An attorney/client relationship has not been established.... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

    3

    Lawyers agree

    Answered . Criminal goes w/Family Court to Supreme Court/IDV. Nothings done yet.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . IDV was set up so 1 judge can handle everything.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Domestic violence and child custody

Any domestic violence convictions can make a child custody case more difficult, since the court takes into account past convictions when deciding custody.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

18,105 answers this week

2,414 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

18,105 answers this week

2,414 attorneys answering