N.Y. Comp. Codes R. & Regs. tit. 22 § 141.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 141.1 - Definitions

(a) IDV part shall refer to an integrated domestic violence part established by the Chief Administrator of the Courts pursuant to section 141.2 of this Part.

(b) For purposes of this rule and its application to an IDV part established in a county, an IDV-eligible case shall refer to both of the following when they are simultaneously pending in the county: a domestic violence case commenced in a criminal court and a case commenced in Supreme or Family Court that involves a party or witness in the domestic violence case. If so provided by the administrative order promulgated pursuant to section 141.2 of this Part for such county, an IDV-eligible case also shall refer to each of the following:

(1) any case in criminal court, Family Court or Supreme Court where there is simultaneously pending in the county another case in any other of these courts having a common party or in which a disposition may affect the interests of a party to the first case; and

(2) where cases are IDV-eligible and are disposed of in an IDV part, subsequent cases that would have been IDV-eligible were they to have been pending simultaneously with the cases already disposed of shall be IDV-eligible; and

(3) any domestic violence case pending in a criminal court in the county if necessary to best utilize available court and community resources for domestic violence cases where no domestic violence part has been established in the county pursuant to section 141.2 of this Part.

(c) DV part shall refer to a domestic violence part established by the Chief Administrator of the courts pursuant to section 141.2 of this Part in Nassau, Queens and Westchester Counties. For purposes of this rule and its application to a DV part established in a county, a DV-eligible case shall refer to a domestic violence case pending in a criminal court in the county.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 141.1