SIL was beat up by bf

I posted on NFR but not much response...may be more traffic here...

My SIL was beat up by her bf earlier today... The cops arrested him and she will have to go to his arrainment hearing if she is going to press charges (she will).

She is bruised up and emotional, but ok (no broken bones).

My question is - what happens in domestic abuse cases in NY? Is he just going to get community service for a 1st offense? That would be awful!

Will she have to apply seperately for a restraining order or is that a given with domestic abuse cases?

Thanks for any advice! DH is with her at court right now.

Re: SIL was beat up by bf

i'm sorry to hear that!

Re: SIL was beat up by bf

soryr to hear that, she would need to get a restraining order from the court...


there is information on this site : http://www.womenslaw.org/NY/NY_how_to.htm#steps

although if they had him arrested today hopefully the police would have help her out in filing for one.

Re: SIL was beat up by bf

At the time of arrest a temp restraining order is issued. A perm one is then issued in family court at the victims request. tell your sster in law to be strong!!

Re: SIL was beat up by bf

Just curious how old is she? I'm not sure of details... but make sure she gets a restraining order! my mom went thru this... what a horror.

Re: SIL was beat up by bf

I just saw this and work in the field.

At the arraignment, the District Attorney should request an Order of Protection if the victim is present and wants one. After that, there will be many court dates until the case is resolved. The most important thing is if she wants the order to be made permanent (for one year) she should make sure to express that the the ADA handling the case.

Family Court is only an option in NY if the victim and abuser are either married or have children in common.

In this case the District Court will handle the entire matter.

Re: SIL was beat up by bf

DH is a cop and said that she HAS to not only press charges but go to the arraignment and to make sure she requests/demands an order of protection. But unfortunately if he makes bail, he will be out most likely by tonight.

I think she should stay with a family member or friend for a few nights b/c he could come looking for her not to necessarily hurt her again but to try to apologize (which most of the time they always do).

Message edited 6/13/2007 2:34:11 PM.

Re: SIL was beat up by bf

I am an Assistant District Attorney and typically in domestic violence cases an order of protection is given at the arraignment. The victim does not have to be there. In fact, we rather the victim not be there because often times they will start to feel bad when they see their loved one in handcuffs. As long as there are charges pending, there will be an order of protection. if she ever drops the charges, the order of protection will be cancelled. HOpe this helps.

Re: SIL was beat up by bf

I hope your sil is ok.

Re: SIL was beat up by bf

OMG! I'm sorry that happened to your SIL! What is wrong with people?