Legal Question in Criminal Law in New York

As far as seeking criminal charges, you have already taken some important steps by notifying the police and the Administration for Children's Services. Beyond that, seeking criminal action against your daughter may not be the best way to protect your granddaughter.

You should realize that the burden of proof is different for a criminal matter than it would be for a civil matter. In a criminal matter the burden of proof is "beyond a reasonable doubt." Which is the highest standard that exists. In a civil court the burden is a "preponderance of the evidence,� which is much lower.

Most of the same criminal acts that exist under the Penal Law, such as assault, are also recognized as valid grounds for a Family Court petition. Either the family court or Supreme Court can issue an Order of Protection. The order can run for the minority of the child.

I recommenced that you retain an attorney, whose practice focuses on this area of the law, to represent you. Particularly because you are the grandparent and not the parent. New York recognizes a grandparent's rights where circumstances show that conditions exist which make that intervention logical and equitable. The courts will take whatever action is deemed to be in the child's best interest. In this case, that would obviously be your granddaughter�s best interest.