7/17/2014 Rules - N.Y. State Courts
http://www.nycourts.gov/rules/chiefadmin/134.shtml 1/4
RULES
Administrative Rules of the Unified Court System & Uniform
Rules ofthe Trial Courts
Rules of the Chief Administrative Judge
PART 134. Reporting Of Family Offenses By Courts Exercising
Criminal JurisdictionCommercial reuse of the Rules as they appear
on this w eb site is prohibited. The off icial version of the Rules
published in the NYCRR is
available on Westlaw .
134.1 Definition of family offense
134.2 Family offense designation
Section 134.1 Definition of family offense.
For purposes of this Part, a family offense shall mean any
offense committed by defendant against:
(a) a person related to defendant by consanguinity or affinity,
whether or not such person resides with
defendant;
(b) a person to whom defendant was or is married, whether or not
such person resides with defendant;
(c) a person with whom defendant has a child in common, whether
or not such person was or is married to
defendant or resides with defendant; or
(d) a person with whom defendant resides.
Historical Note
Sec. f iled Jan. 25, 1988 eff. Jan. 1, 1988.
Section 134.2 Family offense designation.
(a) An accusatory instrument that charges a defendant in a
criminal proceeding with a family offense shall
include a designation that an offense charged therein is a
family offense and a description of the
relationship between defendant and the alleged victim. Such
designation and description shall be placed
on the upper right hand corner of the accusatory instrument in
the following form:
FO
Defendant: ________________________________
(relationship to alleged victim)
Alleged Victim: ________________________________
(relationship to defendant)
(b) The designation shall be placed on the accusatory instrument
by the criminal justice agency that
prepares that instrument, provided that where a accusatory
instrument charging a family offense has not
7/17/2014 Rules - N.Y. State Courts
http://www.nycourts.gov/rules/chiefadmin/134.shtml 2/4
prepares that instrument, provided that where a accusatory
instrument charging a family offense has not
been prepared by a criminal justice agency, the court shall
place such designation on the accusatory
instrument.
(c) Where protection of the identity of an alleged victim of a
family offense is required by law or otherwise is
deemed appropriate, and where placement of the family offense
designation on the accusatory instrument
would tend to identify the victim, the criminal justice agency
may file instead a separate statement annexed
to the accusatory instrument, alerting the court that a family
offense is charged therein and describing
defendant's relationship to the alleged victim. Such statement
shall not be made available to the public.
Historical Note
Sec. f iled Jan. 25, 1988 eff. Jan. 1, 1988.
