Family Court Act §812(2)(b) states that a family offense proceeding is for the purpose of attempting to stop the violence, end the family disruption and obtain protection. Family Court Act §§115(e) and 812(1) provide that the family court and the criminal courts have concurrent jurisdiction “for certain enumerated criminal offenses when committed by one family member against another” (People v. Wood, 95 N.Y.2d 509, 512 (2000); see also Matter of Alfeo v Alfeo, 306 A.D.2d 471 (2003); Matter of Richardson v. Richardson, 80 A.D.3d 32, 36-37 (2010)), and the court is vested with jurisdiction over family offenses occurring “between spouses or former spouses, or between parent and child or between members of the same family or household” (Family Ct. Act §812(1); see Matter of Hon v. Tin Yat Chin, 117 A.D.3d 946, 947 (2014); Matter of Arnold v. Arnold, 119 A.D.3d 938, 938-39 (2014); Matter of Johnson v. Carter, 122 A.D.3d 853, 853-54 (2014).

In New York, the right to assigned counsel for litigants in family law cases is grounded in constitutional principles of due process and equal protection. In fact, in 1975 the New York State Legislature codified the right to assigned counsel, like in criminal actions, in a range of family law proceedings involving “the infringement of fundamental interests and rights,” including family offense proceedings. FCA §261, §262a(ii).

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