Rockland County · County Court
Rockland County Family Court Lawyer: Custody, Support & Orders of Protection
Custody, visitation, child support, family offense, orders of protection, and neglect matters for all of Rockland County.
Family Court is on the 3rd floor of the same courthouse complex as Rockland County Court (4th floor). Criminal charges and family matters arising from the same incident may proceed in both courts at once.
Cases handled at Rockland Family Court
- Custody and visitation proceedings
- Child support petitions, modifications, and enforcement
- Family offense matters and orders of protection
- Neglect and abuse proceedings
- Paternity proceedings
- Juvenile delinquency matters
- Persons in Need of Supervision (PINS) petitions
Common charges we handle at Rockland Family Court
Each guide sets out the statute, what the prosecutor must prove, the maximum penalties, and how this charge is handled in this courtroom.
What defendants should know about this court
- Family Court handles civil family matters — custody, visitation, support, and family offense petitions — separately from criminal court.
- A domestic incident can generate BOTH a criminal case (in a local justice court or County Court) AND a Family Court case at the same time — the outcomes affect each other.
- Orders of protection issued in Family Court are fully enforceable — violating one is a crime (criminal contempt).
- Custody and visitation orders are modifiable when circumstances change — but only through the court, never by informal agreement alone.
- Yvonne Garbett's office at 3 Eberling Drive is directly across the street from the courthouse.
- Spanish-language representation available for all Family Court matters. Se habla español.
How your case moves through Rockland Family Court
Rockland Family Court is not a criminal court — it handles custody, visitation, child support, orders of protection and neglect matters. Even so, what you sign or say there can be used later in a criminal case, and an order of protection can end your access to your own home or your children. What happens in Rockland Family Court rarely stays in Rockland Family Court.
- 01
Arraignment — the first court appearance
Arraignment is usually within 24 hours of arrest. The charges are read, the court confirms your identity and counsel, and the judge sets bail or releases you on your own recognizance. In a justice, town or village court this is where a misdemeanor case is decided in practice: the plea offered on day one is often the best one you will see. Nothing is argued or proven at arraignment — but what you say and do not say can shape everything that follows, which is why an attorney should be there before it, not after.
- 02
Bail and release conditions
New York's bail statute starts with release on recognizance or unconditional release for most misdemeanor and non-violent felony charges. Cash bail, if it is set at all, must be the least restrictive condition that reasonably assures you come back. A court can also impose supervision, travel restrictions, or no-contact terms — and those terms bind you immediately, including the ones that keep you away from your own home. Getting the conditions right at the outset protects your job, your housing and your family.
- 03
Discovery and motions
The district attorney must turn over the evidence in the government's possession — police reports, body-worn camera and dash footage, 911 recordings, laboratory results, witness statements and identification records. Where that material was withheld or is misleading, the defense moves to dismiss or to suppress. In most misdemeanor cases this is the phase that decides the outcome: a successful suppression motion ends the case long before any jury is picked.
- 04
Pre-trial conferences
In a justice, town or village court, misdemeanor cases resolve through a series of short conference dates. Each one is a chance to push the case toward dismissal or a better plea, and each one is also a date you can miss, waive or get ahead of. Your presence is usually excused once counsel appears, so the case advances without you losing another day of work — but decisions about what to accept are always yours.
- 05
Plea or trial
At trial the prosecution must prove every element of the charge beyond a reasonable doubt. You do not have to prove anything and you cannot be made to testify. Because a jury trial in a justice court is usually a jury of six, and because a bench trial before the town or village justice is an option, the strategy is decided case by case. A misdemeanor trial in this courtroom is a real contest — and it is winnable when the papers and the witnesses do not line up.
- 06
Sentencing and after
A conviction can bring jail, a fine, probation, mandatory programs, and a permanent criminal record. Collateral consequences often outweigh the sentence itself — immigration status, professional and occupational licenses, security clearances, housing, and student financial aid. Before you accept anything, you should know exactly what the plea costs you later, not just what it costs you today.
About Rockland County Family Court
Rockland County Family Court is located on the third floor (Suite 300) of the Rockland County courthouse complex at 1 South Main Street in New City. Family Court is a civil court with jurisdiction over the matters that most directly affect families: custody and visitation, child support, paternity, family offense petitions and orders of protection, neglect and abuse proceedings, juvenile delinquency, and PINS petitions. The court is open Monday through Friday, 9:00 a.m. to 5:00 p.m.
Custody and Visitation Matters
Custody cases in Family Court decide where a child lives, who makes major decisions for the child, and how each parent's time with the child is structured. New York courts decide custody based on the best interests of the child — a standard that considers each parent's home environment, the child's relationship with each parent, stability, and many other factors. If you are separating from a partner and have children together, establishing a formal custody order early protects both you and your children: without one, neither parent has a legally enforceable schedule, and disputes can escalate quickly. Existing orders can also be modified when circumstances substantially change.
Child Support
Family Court handles child support petitions, modifications, and enforcement. New York calculates support under the Child Support Standards Act as a percentage of the parents' combined income — 17% for one child, 25% for two, 29% for three — applied to income up to a statutory cap, with add-ons for childcare, health insurance, and educational expenses. Support orders are enforceable through income execution, and unpaid support can result in license suspension and other penalties. If your income or circumstances have changed, a modification petition must be filed — informal arrangements do not change what you legally owe.
Family Offense Matters and Orders of Protection
A family offense petition allows a family or household member — including current and former spouses, co-parents, and intimate partners — to seek an order of protection in Family Court for conduct such as assault, harassment, stalking, or menacing. These cases move quickly: temporary orders of protection are often issued at the first appearance, sometimes without the accused person present. If you have been served with a family offense petition, take it seriously from the first moment: an order of protection can remove you from your home, restrict contact with your children, and — if violated — result in criminal contempt charges. If you need protection, the court can issue orders the same day.
When Criminal Court and Family Court Overlap
A single domestic incident can produce cases in two courts at once: criminal charges in a local justice court or Rockland County Court (4th floor), and a family offense or custody matter in Family Court (3rd floor). What happens in one case affects the other — statements made in Family Court can be used in the criminal case, and criminal case outcomes influence custody decisions. Having one attorney who handles both sides of the matter ensures your strategy is coordinated rather than contradictory.
Neglect and Abuse Proceedings
When Child Protective Services (CPS) files a neglect or abuse petition, Family Court decides whether a child has been neglected or abused and what protective measures are required. These are among the most serious proceedings in Family Court — they can result in children being removed from the home and can affect parental rights long-term. If CPS has contacted you or filed a petition, get legal representation immediately, before making statements or signing anything.
Why local representation matters
Yvonne Garbett is a former Rockland County Assistant District Attorney from 2002–2006, admitted in 2002 with 24 years as an attorney and private defense practice since 2006. She regularly appears in Rockland Family Court and knows how this courtroom actually works — the calendar rhythm, the prosecutors, the judges' tendencies, and the practical steps that move a case forward. That familiarity is, in our experience, one of the most underrated advantages a defendant can have.
Parking & directions
Municipal parking lot adjacent to the courthouse at 1 South Main Street, New City. Street parking also available on Main Street and surrounding blocks. Yvonne Garbett's office (3 Eberling Drive) is directly across the intersection.
Frequently asked questions
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