Right to counsel

Key_development Question_mark

09/15/2023, Legislation, Domestic Violence - Accused Person

There is a right to counsel for either party in a domestic violence proceeding under Article 8, including for the appeal. N.Y. Fam. Ct. Act §§ 262(a)(ii), 1120(a).


Where these proceedings take place in the New York Supreme Court, the parties have the same rights to counsel as identified above. N.Y. Jud. Law § 35(8) (providing for fees to be paid to appoint counsel when the supreme court exercises jurisdiction over family court matter "whereby, if such proceedings were pending in family court, such court would be required by [section 262] of the family court act to appoint counsel").


RTC for certain minor respondents

In 2023, the New York legislature enacted AB 6545, providing that minor respondents to orders of protection (OP) have a right to counsel in juvenile matters related to extensions of the temporary OP pursuant to N.Y. Fam. Ct. Act § 249. See N.Y. Fam. Ct. Act § 304.2(4)(c).

Appointment of Counsel: categorical Qualified: no