Section 813. Transfer to criminal court  


Latest version.
  • 1. At any time prior to a finding
      on the petition the court may, with the consent of  the  petitioner  and
      upon  reasonable  notice  to  the  district  attorney, who shall have an
      opportunity to be heard, order that any matter which is the subject of a
      proceeding commenced  pursuant  to  this  article  be  prosecuted  as  a
      criminal action in an appropriate criminal court if the court determines
      that the interests of justice so require.
        2. The court may simultaneously with the transfer of any matter to the
      appropriate  criminal  court,  issue  or  continue  a temporary order of
      protection which, notwithstanding any  other  provision  of  law,  shall
      continue  in  effect,  absent  action  by the appropriate criminal court
      pursuant  to  subdivision  three  of  section  530.12  of  the  criminal
      procedure  law,  until  the  defendant  is  arraigned upon an accusatory
      instrument filed pursuant to this section in such criminal court.
        3. Nothing herein shall be deemed to limit or restrict a  petitioner's
      rights to proceed directly and without court referral in either criminal
      or family court, or both, as provided for in section one hundred fifteen
      of this act and section 100.07 of the criminal procedure law.