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This entry was published on 2014-09-22
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SECTION 813
Transfer to criminal court
Family Court Act (FCT) CHAPTER 686, ARTICLE 8, PART 1
§ 813. Transfer to criminal court. 1. At any time prior to a finding
on the petition the court may, with the consent of the petitioner and
upon reasonable notice to the district attorney, who shall have an
opportunity to be heard, order that any matter which is the subject of a
proceeding commenced pursuant to this article be prosecuted as a
criminal action in an appropriate criminal court if the court determines
that the interests of justice so require.

2. The court may simultaneously with the transfer of any matter to the
appropriate criminal court, issue or continue a temporary order of
protection which, notwithstanding any other provision of law, shall
continue in effect, absent action by the appropriate criminal court
pursuant to subdivision three of section 530.12 of the criminal
procedure law, until the defendant is arraigned upon an accusatory
instrument filed pursuant to this section in such criminal court.

3. Nothing herein shall be deemed to limit or restrict a petitioner's
rights to proceed directly and without court referral in either criminal
or family court, or both, as provided for in section one hundred fifteen
of this act and section 100.07 of the criminal procedure law.