Criminal Defense Blog NYC

No DAT for DV in NYC

Posted by Bruce Yerman on August 3, 2018

No DAT for DV in NYC

If police arrest you for domestic violence ("DV") in New York City, you won't receive a desk appearance ticket ("DAT"). You'll go through a full-blown arrest.

The purpose of the no-DAT policy is to get you "arraigned" right away, so a judge can issue a temporary order of protection ("TOP") before you're released from custody.

In New York City, the delay between DAT and arraignment typically lasts one to two months. The no-DAT policy in DV cases eliminates the possibility of a two-month delay between an arrest and a TOP.

The NYPD has formal written procedures regarding this no-DAT policy:

A DESK APPEARANCE TICKET will not be issued in the following circumstances:

* * * *
Family offenses - complainant/victim and offender are members of the same family/household as defined in the Family Court Act or as defined in the expanded definition of a family/household in P.G. 208-36, “Family Offenses/Domestic Violence,” AND:

(1) Any offense is committed and an arrest is effected
(2) Offender has violated an Order of Protection
(3) Complainant/victim requests the opportunity to obtain an Order of Protection, OR the facts of the case indicate an immediate need to secure an Order of Protection because there is a strong possibilityvthat violence against the complainant/victim will recur (e.g., past history of assaults against complainant/victim, statements made by the defendant, active present hostility against complainant/victim, etc.).

(Procedure 208-27 at page 6, NYPD Patrol Guide.)

The NYPD definition of "expanded definition of family/household" is broad:

FAMILY/HOUSEHOLD (AS DEFINED IN FAMILY COURT ACT) - includes persons who:

a. Are legally married to one another
b. Were formerly legally married to one another
c. Are related by marriage (affinity)
d. Are related by blood (consanguinity)
e. Have a child in common regardless of whether such persons have been married or have lived together at any time
f. Are not related by consanguinity (blood) or affinity (marriage) and who are, or have been, in an intimate relationship regardless of whether such persons have lived together at any time

Note: A common sense standard regarding the totality of the circumstances involving the relationship should be used to determine if an "intimate relationship" exists. Factors a member of the service may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship (the relationship between the involved parties does not have to be sexual in nature to be considered "intimate"); the frequency of interaction between persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals solely in a business, educational, or social context shall be deemed to constitute an "intimate relationship." If unable to determine if the relationship in question is an "intimate relationship," the member of the service concerned wil request the response of the patrol supervisor.

Additional factors that may assist in determining the intimacy of a relationship include, but are not limited to: amount of time spent together in either a work or leisure related capacity, shared expenses and/or finances, extent of interaction with family members, etc.

All members of the service are reminded that their primary responsibility is to ensure the immediate and future safety of all parties involved in domestic violence incidents.

FAMILY/HOUSEHOLD (NYPD EXPANDED DEFINITION) - includes subdivisions "a" through "f" above, AND persons who:

g. Are currently living together in a family-type relationship
h. Formerly lived together in a family-type relationship.

A family/household thus includes: "common-law" marriages, same sex couples, registered NYC domestic pa1tners, different generations of the same family, siblings, in-laws, persons involved in "intimate relationships," and persons who live or have lived together in a family-type relationship.

(Procedure 208-36 at pages 1-2, NYPD Patrol Guide.)

Typically, the TOP issued at arraignment will direct you to have no contact or communication with the complainant. Violating the TOP can result in a second arrest for "criminal contempt". 

If you and the complainant live together, the TOP probably will prevent you from returning home (other than with a police escort for a few minutes to pick up a few personal items).

If police contact you about an alleged domestic violence incident, you should immediately contact a lawyer.

If you live with the complainant, you and your lawyer should should discuss, among other things, making alternate living arrangements prior to arrest. Otherwise, after arrest, you'll be scrambling to find a new place to live, with very limited access to your personal property.


Bruce Yerman is a New York City criminal defense attorney. If you've been accused, contact Bruce for a Free Consultation regarding domestic violence charges, arrest, or anything else that concerns you.

Topics: Domestic Violence, DAT