What type of cases go to IDV?

Photo by Bill Oxford

Originally Posted On: https://mynewyorkcitylawyer.com/what-type-of-cases-go-to-idv/

IDV judges hear cases that involve the same parties or family where there is a family court order of protection case plus a matrimonial case, a criminal case, or both, and the main issue in each case is domestic violence. The cases must be filed in the same county, and the IDV judge must accept all of the cases. If the IDV Judge does not accept the cases, then it is heard where it is pending, whether it is in Supreme Court for a matrimonial action, in family court for an order of protection, or in criminal court for a violation, or in all three parts with a different judge assigned to each case.

Each county in New York State has its own Integrated Domestic Violence court or part. In some counties, for example, New York County, the IDV court is part of the Supreme Court Criminal Term. The IDV part in Bronx County is located at 265 E. 161st Street in Room 420 located on the fourth floor unless directed otherwise by the judge or the court. The court rules for the Bronx IDV part can be found online (PDF).

If one is pro se, then it is essential that one is familiar with the court rules as this could affect their case and the relief requested. The court rules set forth the procedures for each judge and their courtroom. For example, if the rules set forth how and when paperwork must be filed and it is not done that way, then the judge can and likely will reject the paperwork you filed, which could delay your case and the relief you are requesting. In some instances, the paperwork could probably be re-filed to comply with the court rules. A pro se litigant must be aware of the family court law, criminal law, and matrimonial law as it relates to their case. IDV cases can be a little challenging as it could deal with three areas of law. Hence contacting an attorney to speak to about your case might allow you to determine if you should continue to represent yourself or to hire an attorney.

Jayson Lutzky gives free initial consultations. He is a Bronx, New York attorney handling family court cases and appears regularly in IDV court. Visit www.MyNewYorkCityLawyer.com to learn more or call 718-514-6619 to schedule an appointment.