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June 5, 2010

New York Court of Appeals Upholds Domestic Violence Courts

By Michael H. Joseph

Numerous counties including the Bronx, Manhattan, Queens and Westchester have set up Integrated Domestic Violence Parts. There are Courts which are in the New York Superior Court which hear only domestic violence cases. The same Judge often simultaneously acts as a Family Court, Criminal Court and often a Matrimonial (Divorce) Court.

Anyone arrested in White Plains, Yonkers and several other of the Westchester towns for domestic violence will be transferred to the Westchester Superior Court. Several defendants accused of misdemeanors challenged the jurisdiction and ability of the New York Superior Court from hearing misdemeanor cases involving domestic violence. The basis of the challenge was that local New York Courts have jurisdiction over misdemeanors involving domestic violence. The New York Court of Appeals held that since the New York Court system are the integrated Court system, the New York Superior Courts could continue to hear domestic violence cases.

Michael Joseph is a New York and Westchester criminal defense lawyer, with extensive experience in defending domestic violence cases and has successfully defended domestic violence cases in the Bronx, White Plains, Yonkers, Greenburgh, Elmsford, Scarsdale, New Rochelle, Westchester, the Bronx, Manhattan and Queens.

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