Legal Question in Criminal Law in New York

Based on your facts, it seems that it shouldn't be. However, the alternative is criminal court. My guess is the complainant chose to do it in family court b/c they could do it ex parte.

You can fight the jurisdiction but then it might get transferred to District Court as a criminal matter.

It sounds like you are not being charged but you have had a petition for an order of protection filed against you. This is not a criminal charge if the document served on you is a "Petition" and you have been ordered to appear in Family Court. You need a family court attorney with criminal court experience since this can and in most cases will have criminal implications.

Right now you have, based upon the information supplied, not been charged with a crime but you can be based upon a violation of the order of protection.

I would not even consider challenging the jurisdiction. This should be in Family Court.

Your other question is why this is in Family Court. Several years ago the Family Court act was amended to allow a family offense to be brought in Family Court for any relationship including dating. Therefore your case can be brought in Family Court.

If you would like a free consultation, you can call my office at 631.486.7800.

Joel R. Salinger