Using the police
and the courts


Know your rights
Deciding whether to involve the police or to seek protection from the courts can be difficult. There are many risks: that the police or the courts won’t treat the violence seriously; that they will blame you or not believe you; that your partner will attempt to retaliate against you; or that you won’t get what you need because you don’t know your rights.

The legal system is often intimidating and confusing and using the legal system will not guarantee your safety. Still, the legal system has much to offer in providing protections for battered women. Knowing what’s available and what your rights are is an important part of planning for your safety.

Getting help from an advocate
The following sections of this guide provide basic information about what the police and the courts in New York State can do for you. But exactly how the system works varies from one community to another, and there is no other case just like yours. For these reasons, if you are thinking about or are already using the police or the courts, it’s a good idea to contact your local domestic violence program and talk to an advocate.

Among other things, a domestic violence advocate can tell you how things work in Your community, help you weigh the pros and cons of using the system, and “walk you through” the entire process of making a police report, obtaining an order of protection, filing a violation, or petitioning for custody.

Using the legal system can be very frustrating.
Getting help from a domestic violence advocate
can make it easier.


What can the police do for me?

How do I know if calling the police will help my situation and make me more safe?
In 1994, New York State passed the Family Protection and Domestic Violence Intervention Act which requires police departments to respond to domestic violence as the serious crime that it is. The “mandatory arrest” provisions explained on the following pages were designed to increase the protection provided to victims of domestic violence. You have the right to expect that if the police are called, they will do what the law says they should do. But, as with every decision about your safety, you are the best judge of whether involving the police is the best thing to do in your situation.

If you call the police
If you call the police, they must come to investigate your situation. In order for the police to make a decision to arrest, they need to find probable cause that a crime was committed. That means that they must have enough evidence to believe that your partner committed a crime by harming or threatening you. Among other things, evidence includes:

• visible harm or injury to you or your children (for example, cuts, bruises, swelling, or torn clothes);
• damage to personal property such as furniture, walls, windows, car, or signs of a break-in;
• messages (either on your answering machine or written) threatening you or apologizing for having hurt or scared you;
• statements from you, your neighbors, children, family members, or anyone else who saw or heard what happened.

Under what conditions will the police make an arrest?
New York State law requires an arrest in certain situations when a “Family Offense” is committed. Family Offense charges only apply to cases where the victim is related to the abuser by blood or marriage (including ex-spouses), or has a child in common with the abuser. Many communities have policies that also require arrests when crimes are committed between unmarried couples, dating partners and gay and lesbian partners. New York City’s policy, for example, includes unmarried and same sex couples, provided they are currently living together or have previously lived together in a “family-type relationship.”

• Felonies - If the police find that your partner committed a felony against you, they must make an arrest.
  An example of a felony is Assault in the Second Degree, which is an assault that results in serious physical injury like a broken bone, or a wound from a weapon, and creates “substantial pain” that lasts over a period of time.
  
  
  
• Family Offense Misdemeanors - If the police find that a Family Offense misdemeanor has been committed against you, New York State law requires arrest unless you ask the police not to arrest. But even if you ask the police not to arrest, many police departments will still make the arrest if they have evidence of a crime.
  Examples of misdemeanors are Assault in the Third Degree, which requires an injury (usually more than a bruise) and “substantial pain,” and Aggravated Harassment, which is being threatened or harassed over the phone or by mail.
  
  
  
• Violations - If the police witness a violation (sometimes called a petty offense) being committed, they have the authority to make an arrest, although they are not required to. If the police do not witness the violation or do not choose to arrest, you can make a civilian arrest. This doesn’t mean that you must physically make the arrest, but just that you must sign a complaint against your partner. The police may either help you with this and take your partner to the police station, or give you information on how to get the court to take some action.
  
  If your partner has harassed or threatened you more than once, or if you are afraid of future harm, tell the police. It may give them the evidence they need to charge your partner with a misdemeanor and to arrest him without you having to sign a complaint.
  
  An example of a violation is Harassment in the Second Degree which is when your partner verbally threatens you with harm, slaps or pushes you, but doesn’t cause an injury.

Your statement counts as evidence
The statement you give to the police counts as evidence. Read your statement carefully. If something you think is important has been left out, or if something is inaccurate, don’t sign it. Ask the officers to change the written statement to reflect what actually happened. Sign it only when it says what you want it to say.

What else can the police do for me?
Even if the police do not arrest your partner, they can:

• help you and your children get medical care and/or get to a safe place;
• take a statement from you to document the incident, which can be useful if you decide to call the police again or decide to go to court; and
• take photographs of your injuries or any damaged property.

Every time the police respond to a domestic violence call, they are required to give you a copy of the Domestic Incident Report which includes the following information:

• a Victim Rights Notice which explains your legal rights and includes information on local domestic violence services;
• their names and badge numbers so that you will be able to contact them again if you have questions or need to add information to the police report; and
• if they are not making an arrest, a written explanation of their reasons.

It’s also a good idea to ask for a copy of the officer’s investigative report.

What if the police response isn’t satisfactory?
If you aren’t satisfied with the way the police are handling the situation, ask to talk to a supervisor. If you need assistance, call a domestic violence program and ask them for help in dealing with the police. Even if the police completely refuse to help you, it’s possible to bring criminal charges by going directly to the District Attorney or to the judge. If you need to do this, it’s a good idea to get a domestic violence advocate or an attorney to help you.


Using the police and the courts and What can the police do for me? were adapted with permission from the Domestic Violence Handbook, 1995 Edition, developed and published by the New York State Coalition Against Domestic Violence.

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