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Keywords

jurisdictionrespondentappellant
jurisdictionstatuteappealharassmentrespondentappellant

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Richardson, Matter of

Facts

The family offenses allegedly committed by the parties occurred on the island of Anguilla. Respondents filed three petitions seeking orders of protection against the appellant, alleging she assaulted, harassed, and menaced them. The appellant also filed petitions against the respondents, claiming they committed similar offenses. The appellant argued that the geographic limitation on the criminal court's jurisdiction limited the family court's jurisdiction, but the appellate court disagreed, stating that Family Court Act 812 had no geographic limitation.

On March 4, 2009, Annette P. Richardson and her sons Aaron J. Hourie and Andrew G. Hourie (hereinafter collectively the respondents) filed three separate family offense petitions seeking the entry of orders of protection in favor of them and against Dorothy E. Richardson (hereinafter the appellant), Annette's mother, and her sons' grandmother. The alleged family offenses included, inter alia, assault, harassment, and menacing.

Issue

Whether the Family Court has subject matter jurisdiction over family offense proceedings where the alleged acts occurred outside of the state and even outside of the country.

The principal issue presented on these appeals, which appears to be one of first impression for an appellate court in this state, is whether the Family Court has subject matter jurisdiction over family offense proceedings where the alleged acts occurred outside of the state and even outside of the country.

Rule

Family Court Act 812 grants the Family Court subject matter jurisdiction to hear family offense proceedings without geographic limitation.

Family Ct Act 812 grants the Family Court subject matter jurisdiction to hear such proceedings and that the Family Court properly exercised jurisdiction over the parties' petitions, despite the fact that the acts alleged occurred on the island territory of Anguilla.

Analysis

The court applied Family Court Act 812, which does not impose a geographic limitation on the jurisdiction of the Family Court. It held that the Family Court properly exercised jurisdiction over the parties' petitions, even though the alleged acts occurred in Anguilla. The court found that the evidence supported the family court's determination that the appellant committed family offenses against the respondents.

The Family Court is a court of limited jurisdiction constrained to exercise only those powers conferred upon it by the State Constitution or by statute (see Matter of H.M. v E.T., 14 NY3d 521, 930 NE2d 206, 904 NYS2d 285 [2010]; Matter of Johna M.S. v Russell E.S., 10 NY3d 364, 366, 889 NE2d 471, 859 NYS2d 594 [2008]). Article VI of the New York State Constitution establishes '[t]he family court of the state of New York' (NY Const, art VI, 13 [a]) and 'enumerates the powers thereof' (Matter of H.M. v E.T., 14 NY3d 521, 526, 930 NE2d 206, 904 NYS2d 285 [2010]). Included within the actions and proceedings over which the Family Court has been given subject matter jurisdiction are family offense proceedings.

Conclusion

The appellate court affirmed the orders of protection and the orders of dismissal, concluding that the Family Court had jurisdiction and that its findings were supported by the evidence.

The appeals are from the three orders of protection and from the three orders dismissing the appellant's petitions. We affirm.

Who won?

The respondents prevailed in the case as the court upheld the family court's orders of protection against the appellant, finding that the evidence supported the claims of family offenses.

The orders of protection required appellant to stay away from her home because respondents also lived there, that provision was reasonably necessary to provide meaningful protection and to end the family disruption.

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