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What is concurrent jurisdiction? Both criminal and family court have concurrent jurisdiction when ?
- a family offense has been committed AND
-family/household relationship exists btwn offender and the victim AND
- the offender is 18 yrs old or older (if 16-17 yrs old, concurrent jurisdiction only exists if the offender is charged with felony-level family offense
When concurrent jurisdiction exists, MOS will ?
Advice complainants/victim that there is concurrent jurisdiction and they can either go to family court or criminal court
*family court proceeding is a civil,counseling services, whereas, criminal court is for prosecution.
If Vic of domestic can’t produce OOP, umos will check ?
- eJusticeNY application to access and print a copy of the OOP
- contact central records division, ID Section via telephone to verify OOP was issued, if a copy of the OOP can’t be obtain through the eJusticeNY application
-zFinest can be use as well but will not produce a copy of OOP
If UMOS makes an arrest for family offenses outside of NYC but within NYS, UMOS will confer with?
Confer with Legal Bureau AND process arrest as FOA
If the Vic does not want the offenders to be arrested for misd or violation, UMOS will consider these factors:
-past history
-umos observation on the scene and Vic, statement of witness
-statement made by offender(threats of suicide,homicide, future violence)
- mental/physical state of offender, weapons accessibility,
*if umos as a doubt, arrest should be effected
** even if Vic does not want the offender wants to be arrested in misd charge, umos retain the discretion to make the arrest
If Vic doesnt want an arrest be made for misd or any violation, UMOS WILL?
Make Activity log entry of refusal and have Vic sign his A/L.
- if Vic refused to sign A/L, umos will write “refused signature” on his/her A/L.
If crime happened outside of NYC but within NYS, will umos upload photographs of injuries to FORMS?
NO
- printout the photograph and attach them to 61, if prepared.
- also prepare Property clerk invoice worksheet
*do not enter DIR into FORMS if the incident happened outside of NYC. Give the DIR to DESK OFFICER for review
D/O will scan and email completed DIR/61 of all domestic incident that happened outside of nyc but within nys to?
Inter-City correspondence unit (ICCU)
- forward physical copies of documents to ICCU via dept email
What are family offense ?
DRAMAS (personal crimes )
C GIF CUSS (property/sexual)
D- discon
R- reckless Endangerment
A- agg harassment 2, harassment 1 or 2
M- menacing 2 or 3
A - assault 2 or 3 or attempt
S- strangulation 1 or 2 criminal obstruction of breathing, stalking all degrees
*************************
C- criminal mischief (all degree)
G- grand larceny 3/4 degree
I- identify theft 1/2/3 degree
F- forcible touching
C- Coercion 2 (sub 1/2/3 )
U- unlawful Dissemination or Publication of intimate image
S- sex abuse (all PL 130) , sexual misconduct
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