Quick answer
Family Court and criminal-court routes have different requirements and purposes.
Do now
Ask the Family Court Help Center or an advocate to screen the relationship and conduct under current law. Explain any criminal case and existing orders. Request information about temporary relief, safe service, and the next hearing.
Watch for
Do not assume only spouses qualify or that every person qualifies for a Family Court petition. A temporary order can have immediate binding terms even before a final decision.
Official sources
NY Courts — Domestic Violence / Family Offense, NY Courts — Starting a Case in Family Court.
