Lawyers Manual - Unified Court System

Advocating for Youth in Domestic Violence Proceedings 393
who are dismissive and/or unwilling to take a report related to an abusive incident.
Police may minimize the severity of the incident based on the victim’s age or
mistakenly may tell the young person to seek help in the Family Court system.
Case identification within the Criminal Court also creates challenges. Most
counties will not identify a criminal complaint or DIR involving a youth as a
domestic violence case, and most will not have dedicated prosecutors from the
Domestic Violence Bureau assigned to these difficult cases. Also, most District
Attorney’s Offices do not have advocates trained in adolescent development and
teen dating violence to reach out to young complaining witnesses in a criminal
matter. Because these cases might be improperly identified by the police or the
District Attorney’s Offices, they may not always make it to the Domestic
Violence Courts, and they may not receive any specialized services for young
victims of domestic violence.
Criminal Court Process
You can assist young people reluctant to make a criminal complaint by
helping them contact the police or the District Attorney’s Office. As a complaining
witness’ civil attorney, your role in a criminal prosecution is limited. If your client
wishes to participate in prosecuting her batterer, you can help by explaining the
legal system and criminal justice process to her, including her role and the realistic
outcomes of her case. You should be sure your client knows that even her
statement can be used as evidence of a crime. In addition, you can help the
Assistant District Attorney (ADA) by acting as a liaison to your client or ensuring
that she maintains contact with the prosecutor’s office. Your advocacy may also be
helpful to the victim if the ADA is minimizing your client’s experience based on
her age. Educating the prosecutor about teen dating abuse and your client’s
experience may encourage the ADA to pursue a more serious charge than
originally planned.
If a complaint has been made with the District Attorney’s Office or a
police precinct, or if a 911 call has been placed, the police probably will arrest
the perpetrator of the violence. Immediately following the arrest, the District
Attorney’s Office, either through an ADA or a victim advocate, will reach out
to the victim. Victim advocates may work for the District Attorney’s Office
counseling services unit, crime victims’ assistance unit or an outside social
service agency. If an arrest is made for a felony, the case will be presented to a
grand jury and the victim will be expected to testify in Supreme Court. If the
arrest is for a misdemeanor, the case will proceed in the local Criminal Court,
and no grand jury testimony will be required.