Right to counsel

09/15/2023 , New York , 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: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.