Section 812. Procedures for family offense proceedings

1. Jurisdiction. The
  family  court and the criminal courts shall have concurrent jurisdiction
  over any proceeding concerning acts which  would  constitute  disorderly
  conduct,  harassment  in  the  first  degree,  harassment  in the second
  degree, aggravated harassment in the  second  degree,  stalking  in  the
  first  degree,  stalking  in  the  second  degree, stalking in the third
  degree, stalking in the fourth degree, criminal  mischief,  menacing  in
  the  second degree, menacing in the third degree, reckless endangerment,
  assault in the  second  degree,  assault  in  the  third  degree  or  an
  attempted  assault  between spouses or former spouses, or between parent
  and child or between members of the same family or household except that
  if the respondent would not be criminally responsible by reason  of  age
  pursuant  to section 30.00 of the penal law, then the family court shall
  have exclusive jurisdiction  over  such  proceeding.  Notwithstanding  a
  complainant's  election  to  proceed in family court, the criminal court
  shall  not  be  divested  of  jurisdiction  to  hear  a  family  offense
  proceeding  pursuant  to  this  section.  For  purposes of this article,
  "disorderly conduct" includes disorderly conduct not in a public  place.
  For  purposes of this article, "members of the same family or household"
  shall mean the following:
    (a) persons related by consanguinity or affinity;
    (b) persons legally married to one another;
    (c) persons formerly married to one another regardless of whether they
  still reside in the same household;
    (d) persons who have a child in  common  regardless  of  whether  such
  persons have been married or have lived together at any time; and
    (e)  persons  who are not related by consanguinity or affinity and who
  are or have been in an intimate relationship regardless of whether  such
  persons  have lived together at any time. Factors the court may consider
  in determining whether a  relationship  is  an  "intimate  relationship"
  include  but  are  not  limited  to: the nature or type of relationship,
  regardless  of  whether  the  relationship  is  sexual  in  nature;  the
  frequency  of  interaction  between the persons; and the duration of the
  relationship. Neither a casual acquaintance nor ordinary  fraternization
  between  two  individuals in business or social contexts shall be deemed
  to constitute an "intimate relationship".
    2. Information to petitioner or complainant. The  chief  administrator
  of  the  courts  shall designate the appropriate persons, including, but
  not limited to district attorneys, criminal  and  family  court  clerks,
  corporation  counsels,  county attorneys, victims assistance unit staff,
  probation officers, warrant officers, sheriffs, police officers  or  any
  other law enforcement officials, to inform any petitioner or complainant
  bringing  a  proceeding  under  this  article, before such proceeding is
  commenced, of the procedures available for  the  institution  of  family
  offense proceedings, including but not limited to the following:
    (a)  That  there  is  concurrent  jurisdiction  with respect to family
  offenses in both family court and the criminal courts;
    (b) That a family court proceeding is a civil proceeding  and  is  for
  the  purpose  of  attempting  to  stop  the  violence,  end  the  family
  disruption  and  obtain  protection.  Referrals   for   counseling,   or
  counseling services, are available through probation for this purpose;
    (c)  That  a  proceeding  in the criminal courts is for the purpose of
  prosecution of the offender and can result in a criminal  conviction  of
  the offender;
    (d)  That  a  proceeding  or  action subject to the provisions of this
  section is initiated  at  the  time  of  the  filing  of  an  accusatory
  instrument  or  family  court  petition,  not  at the time of arrest, or
  request for arrest, if any;

    (f) That an arrest may precede the commencement of a family court or a
  criminal court proceeding, but  an  arrest  is  not  a  requirement  for
  commencing  either  proceeding; provided, however, that the arrest of an
  alleged offender shall be made  under  the  circumstances  described  in
  subdivision four of section 140.10 of the criminal procedure law;
    (g) That notwithstanding a complainant's election to proceed in family
  court,  the criminal court shall not be divested of jurisdiction to hear
  a family offense proceeding pursuant to this section.
    3. Official responsibility. No official  or  other  person  designated
  pursuant  to subdivision two of this section shall discourage or prevent
  any person who wishes to file a petition or sign a complaint from having
  access to any court for that purpose.
    4. Official  forms.  The  chief  administrator  of  the  courts  shall
  prescribe  an  appropriate  form  to  implement  subdivision two of this
  section.
    5. Notice. Every police officer, peace officer  or  district  attorney
  investigating  a  family  offense  under  this  article shall advise the
  victim of the availability  of  a  shelter  or  other  services  in  the
  community,  and  shall immediately give the victim written notice of the
  legal rights and remedies available to a  victim  of  a  family  offense
  under  the relevant provisions of the criminal procedure law, the family
  court act and the domestic relations law. Such notice shall be available
  in English and Spanish and, if necessary, shall be delivered orally  and
  shall include but not be limited to the following statement:
    "If  you are the victim of domestic violence, you may request that the
  officer assist in providing for your safety and that of  your  children,
  including  providing  information  on how to obtain a temporary order of
  protection. You  may  also  request  that  the  officer  assist  you  in
  obtaining  your  essential personal effects and locating and taking you,
  or assist in making arrangement to take you, and your children to a safe
  place within such officer's jurisdiction, including but not limited to a
  domestic violence program, a family member's or a friend's residence, or
  a similar place of safety. When the officer's jurisdiction is more  than
  a  single  county,  you  may  ask  the  officer  to  take  you  or  make
  arrangements to take you and your children to a place of safety  in  the
  county  where the incident occurred. If you or your children are in need
  of medical treatment, you have the right to  request  that  the  officer
  assist  you  in obtaining such medical treatment. You may request a copy
  of any incident reports at no cost from the law enforcement agency.  You
  have  the  right  to  seek legal counsel of your own choosing and if you
  proceed in family court and if it is determined that you  cannot  afford
  an attorney, one must be appointed to represent you without cost to you.
    You may ask the district attorney or a law enforcement officer to file
  a  criminal complaint. You also have the right to file a petition in the
  family court when a family offense has been committed against  you.  You
  have  the  right  to  have  your  petition  and  request for an order of
  protection filed on the same day you appear in court, and  such  request
  must  be heard that same day or the next day court is in session. Either
  court may issue an order  of  protection  from  conduct  constituting  a
  family offense which could include, among other provisions, an order for
  the respondent or defendant to stay away from you and your children. The
  family  court  may also order the payment of temporary child support and
  award temporary custody of your children. If the family court is not  in
  session,  you  may  seek immediate assistance from the criminal court in
  obtaining an order of protection.
    The forms you need to obtain an order of protection are available from
  the family court  and  the  local  criminal  court  (the  addresses  and
  telephone  numbers  shall  be  listed).  The resources available in this

  community for information relating to domestic  violence,  treatment  of
  injuries,  and  places of safety and shelters can be accessed by calling
  the following 800 numbers (the statewide English  and  Spanish  language
  800  numbers  shall  be  listed  and  space  shall be provided for local
  domestic violence hotline telephone numbers).
    Filing a criminal complaint or  a  family  court  petition  containing
  allegations that are knowingly false is a crime."
    The  division  of  criminal  justice services in consultation with the
  state office for the prevention of domestic violence shall  prepare  the
  form  of  such  written  notice  consistent  with the provisions of this
  section and distribute copies thereof to the appropriate law enforcement
  officials  pursuant  to  subdivision  nine  of  section  eight   hundred
  forty-one  of  the  executive  law.  Additionally, copies of such notice
  shall be provided to  the  chief  administrator  of  the  courts  to  be
  distributed  to  victims  of family offenses through the family court at
  such time as such persons first come before the court and to  the  state
  department  of  health  for  distribution to all hospitals defined under
  article twenty-eight of the public health law. No cause  of  action  for
  damages  shall  arise in favor of any person by reason of any failure to
  comply with the provisions of this subdivision except upon a showing  of
  gross negligence or willful misconduct.