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Criminal Court / IDV Court
Criminal
You have been a victim of a crime. You report it to the police and a criminal case can be brought against the alleged perpetrator. In Criminal Court, the person who was the victim of the crime is called a Complaining Witness and the person who is charged with the crime is called the Defendant. Often times, a person accused of a serious crime is arrested. The Suffolk County District attorney will then prosecute the Defendant in District Court. When the Defendant is arraigned, depending on the evidence, facts and circumstances of the allegation, a victim is often given a Temporary Order of Protection until such time as the underlying criminal matter is resolved.
As part of a plea negotiations or part of a sentencing, the Temporary Order of Protection can be made permanent. Unfortunately, a Permanent Order is not permanent but typically limited to between 1 to 5 years depending on several issues. A Judge cannot issue a Criminal Court Order of Protection unless the Defendant has been charged with a crime.
If the Defendant is found guilty of a criminal offense it will be part of their record. The Defendant has a right to a trial where the District Attorney must present evidence to support the charges. Whether you are the victim of a crime or the alleged perpetrator, you must recognize that by filing, the District Attorney assumes control of the proceeding and the charges cannot just be dropped.
Integrated Domestic Violence Court (IDV Court)
In a response to a growing trend of complex matters with elements of Family Court Issues, Supreme Court Divorce Issues and often times criminal charges, the Integrated Domestic Violence or the IDV Court was created.
If chosen to be heard in the IDV Court, one Judge, experienced in all facets of the law, will hear all the matters before the Court. The issues do not merge into one big case but are still separate actions, each adjudicated in accordance to the respective laws of the underlying Court.
The Law Offices of Andrew J. Gilbride, Esq. will explain what the involvement in this Court means, aggressively represent our clients, and fight for the best results possible.