§ 813 — Transfer to criminal court

New York § 813

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 1: Jurisdiction
• Art. 8: Family Offenses Proceedings

Text

§ 813. Transfer to criminal court. 1. At any time prior to a finding\non the petition the court may, with the consent of the petitioner and\nupon reasonable notice to the district attorney, who shall have an\nopportunity to be heard, order that any matter which is the subject of a\nproceeding commenced pursuant to this article be prosecuted as a\ncriminal action in an appropriate criminal court if the court determines\nthat the interests of justice so require.\n 2. The court may simultaneously with the transfer of any matter to the\nappropriate criminal court, issue or continue a temporary order of\nprotection which, notwithstanding any other provision of law, shall\ncontinue in effect, absent action by the appropriate criminal court\npursuant to subdivision three of section 530.12 of the criminal\nprocedure law, until the defendant is arraigned upon an accusatory\ninstrument filed pursuant to this section in such criminal court.\n 3. Nothing herein shall be deemed to limit or restrict a petitioner's\nrights to proceed directly and without court referral in either criminal\nor family court, or both, as provided for in section one hundred fifteen\nof this act and section 100.07 of the criminal procedure law.\n