Under New York State law, you can get a Protection from Abuse order in Family Court, if you are a blood relative, a relative by Marriage or someone you have had sex with. That is what most people call a Protection from Abuse (PFA) order.
New York has such a law:
http://www.womenslaw.org/laws_state_type.php?id=561&state_code=NY
http://codes.lp.findlaw.com/nycode/CPL/THREE/P/530/530.12
The problem is this is NOT the above Domestic Relation law, but one issued by the Criminal Courts involving a Criminal conviction or charge. Here is the underlying Statute:
http://codes.lp.findlaw.com/nycode/CPL/THREE/P/530/530.13
Now, before we go on, lets look at the Justice (or Judge) who issued this sentence:
http://www.townofdewitt.com/Court.aspx
Yes, he is a Justice (they proper name) but mostly called "Judge" but he is nothing but a Justice of the Peace. He may or may not be a lawyer, such Judges do NOT have to be Lawyers in New York State (and I have to say it, that is also the Law in my home state of Pennsylvania as to what we call "Magistrate District Judges" who perform the role done by Justices of the Peace in olden days).
http://en.wikipedia.org/wiki/Judiciary_of_New_York
This actual court:
http://www.townofdewitt.com/Court.aspx
Here is an article on this type of court in New York State:
http://www.nytimes.com/2006/09/25/nyregion/25courts.html?ex=1159329600&en=473e16448ae8d710&ei=5087%0A&_r=0
This also explains why he had a six person Jury in New York State. The US Supreme Court last ruling on Juries was a split decision. The Court did rule on a less then 12 person jury, but refused to call it constitutional OR unconstitutional. That case was out of Florida and the Federal Court of Appeals for Florida had approved of six person juries, other Federal Courts have ruled otherwise (i.e. Criminal Juries must be 12 person) but some have permitted six person juries. What the Federal 2nd Circuit Court of Appeals have permitted in unknown to me.
Here closing argument in an earlier case in front of the same Judge:
http://upstatedroneaction.org/wordpress/2014/02/02/transcript-of-mary-anne-gradys-closing-argument/
Another article on this conviction:
http://arstechnica.com/tech-policy/2014/07/grandma-repeatedly-protested-drones-at-base-now-faces-a-year-in-prison/
Village Court can have a jury under New York Law, Section 128.7
http://www.nycourts.gov/rules/chiefadmin/128.shtml
Thus this was a decision by a Justice of the Peace, who had a jury of six hear the evidence. From such a decision, an appeal can be made to County Court (Supreme Court in New York City).
After I wrote the above I found the following at the Dewitt County Web Site:
New York State Town and Village Justices
A TRADITION OF SERVICE TO COMMUNITY
When our nation’s founders developed the framework of our judicial system over 200 years
ago, they could scarcely have imagined the challenges facing modern society. Yet
throughout our history, from state and national constitutions to landmark Supreme Court
decisions, the judicial branch has remained a stabilizing force in American society.
Nowhere is this more evident than with New York State’s Town and Village Justices.
Everyday, these men and women make important decisions affecting the lives of thousands
of our neighbors.
This information has been written to help educate our state’s communities about Town and
Village Justices and further enhance the vital relationship between Magistrates and other
municipal agencies.
CLEARING UP MISCONCEPTIONS
Whether on a local, state, or federal level, the Judicial Branch of government is a separate,
equal and distinct branch. Not too long ago, Town Justices were also members of the
Town Board, playing an integral part in the day-to-day operation of Town Government.
Now, for ethical reasons, Justices are no longer members of the Town Boards.
JURISDICTION
Justice Courts have a very broad, but limited jurisdiction in matters affecting the local
community. It is for this reason that Justice Courts are often called, “the courts closest to
the people” and are readily accessible geographically to the citizens.
Civil jurisdiction of a local Town or Village Court is limited to $3000. In landlord/tenant
proceedings, however, the monetary jurisdiction is unlimited. Cases can be filed in either
the regular Civil Part or Small Claims Part of the Court.
New York Town and Village Courts have criminal jurisdiction over all misdemeanors,
violations, and infractions, together with arraignment and preliminary jurisdiction over
felonies. Jury trials are conducted when required by law.
FAMILY OFFENSES PROCEEDINGS
The local Town and Village Courts have concurrent jurisdiction over certain offenses
committed between family and household members (related by blood or marriage, former
spouses, a child in common, etc), such as disorderly conduct, harassment, menacing,
reckless endangerment, and certain assaults. The complainant may proceed in both local criminal court and Family Court at the same time.
QUALIFICATIONS
The position of Town or Village Justice is not one that either the State or the Justices take
lightly. In addition to local elections, Magistrates must comply with uniform statewide
standards. Justices are considered to be local, as opposed to state, elected officials. Two
justices are elected in each town to four-year terms.
Presiding on a part-time basis, Town Justices are not required to be lawyers. Each Town
Justice, while considered to be part-time, however, is actually on-call 365 days per year, 24
hours per day. It is not unusual for a Town Justice to be called upon for an arraignment
during the middle of the night.
RESPONSIBILITIES
All Justices are required to keep accurate, legible records of all proceedings, and at least
annually submit case dockets for examination and audit to the Town Board. All Justices
Courts must account for and send all fines and fees collected by them to the New York
State Comptroller by the 10th day of every month.
Justices must complete not only basic training, but also 12 hours of annual classroom
training, which is followed by a written examination for non-attorney Justices. The town or
village pays for all costs and expenses to meet these requirements.
LOOKING TOWARD THE FUTURE
Local courts handle the largest number of cases coming before the State’s court system,
and contribute greatly to State and local government. In the fiscal year 2001/2002, Town
and Village Courts collected, approximately $155,667,000, of which approximately
$62,117,000 was retained by the municipalities. Due to electronic filing, the town or village
retains the funds and only sends the portion that is required by the Justice Court Fund.
Unlike the executive and legislative branches, however, the judicial branch does not have
the power to finance its operations, raise taxes or otherwise support itself. It relies upon
the Town and Village Boards for the funding of facilities and staff. It has long been the goal
of the local courts to serve the people by providing justice --- substantial, timely, and equal
justice --- and to fulfill the notions of a separate, independent judicial branch as set forth by
our forefather in the Constitution. To do this, Town and Village Justices must be given
reasonable and necessary funding to support an independent judiciary --- one that is not
subservient to other municipal branches.
COURT CLERKS
Where caseloads warrant, it is appropriate to authorize one or more support staff under the
title of Court Clerk. While much of a Court Clerk’s responsibilities center on record keeping
and the handling of monies taken in by the Court through fines and fees, Court Clerks
handle correspondence, prepare the court calendar and issue certain case related
processes. An experienced Court Clerk can lift the burden of clerical detail from the
Justice, although it is the Justice who is ultimately responsible for all the clerk’s activities
and functions. Court Clerks, however, are not permitted to give legal advice.
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