IDV stands for, “Integrated Domestic Violence,” and there are special IDV courts or “parts” that hear these cases. IDV courts hear cases when one family has a criminal court case along with a family court case, a matrimonial case, or both in the same county, and the central issue in the cases is domestic violence. IDV courts allow one judge to hear all of the cases, instead of having one judge assigned to the criminal case, a second judge assigned to the family court case, and a third judge assigned to the matrimonial case. The existence of the IDV courts helps to minimize the number of court of appearances for the parties, meaning they do not have to appear in family court, matrimonial court, and criminal court, which may be located in different places. Instead, the same IDV judge hears your family court case, your criminal case, and your matrimonial cases.
How can one have multiple cases pending?
One can have a family court case for an order of protection, and if there is a violation by the opposing side where the police are called, that person could be arrested. If the opposing side is arrested and charged, now there is a criminal case. Or there can be a family court case pending for an order of protection and a matrimonial action.
Additionally, if you have a family court order of protection along with a matrimonial action or criminal case, or both, cases do not automatically go to the IDV part or judge. One of the judges assigned to the case, i.e., the family court judge or the matrimonial judge can contact the IDV part to see if an IDV judge will take the case. If IDV takes the case, then the matter is transferred to IDV. But, if IDV does not take the case, then the case remains where it is, meaning in family court, in criminal court and matrimonial court, thereby requiring many appearances, and a different judge is probably assigned to each case.
Jayson Lutzky gives free consultations and can be reached at 718-514-6619. He has been practicing law for over 36 years in the Bronx, and he can help you with your legal matter. Due to COVID-19, he is available at this time by telephone or by Zoom Monday to Friday from 9am to 4pm. Regular business hours are Monday to Friday from 9am to 5pm, with the last appointment at 4pm, and Saturday from 10am to 2pm, with the last appointment at 1pm. Learn more at mynewyorkcitylawyer.com.