Westchester County Family Court Lawyer: Custody, Support & Orders of Protection

Common charges we handle at Westchester 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.

How your case moves through Westchester Family Court

Westchester 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 Westchester Family Court rarely stays in Westchester Family Court.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

Frequently asked questions