N.Y. Family Court Act § 813: Transfer to criminal court

§ 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.