Glossary of Terms Below are definitions of terms of interest to lesbian, gay, bisexual, transgender and HIV+ survivors of crime in New York City. Although most of these definitions are applicable to many crimes and survivors in other areas, we've tried to identify those that are specific to New York State, New York City, or even specific boroughs (counties) within New York City. This glossary has been adapted and expanded from that contained in the AVP publication Domestic Violence in Gay and Lesbian Relationships. - A - ADA (Assistant District Attorney) see District Attorney arraignment A hearing  at which the defendant is officially informed of the charges against them and at which they plead guilty, guilty with an explanation, or not guilty. If the defendant is arrested, the arraignment is supposed to happen with 48 hours, but frequently takes longer, particularly if the arrest is made on a weekend or holiday. If a summons is issued, the arraignment will be held on the return date noted on the summons. assault A crime in which the victim suffers actual physical harm or injury. There are several levels of assault, depending on the seriousness of the injury inflicted and if a weapon was used. In general, a victim must be seriously injured in order for the incident to be considered an assault. (compare harassment, menacing) Assistant District Attorney (ADA) see District Attorney - B - bail Money the court requires the defendant to deposit with the court in order to enhance the probability that the defendant will make all required court appearances. If a defendant fails to appear in court, they forfeit the bail. - C - CDRC see Court Dispute Referral Center civil proceeding A court case in which both parties to the proceeding are represented by their own legal counsel. Examples include housing disputes, personal injury lawsuits, suits to recover property or unpaid bills, and disputes arising from the breach of a contract. Complaint Room see Early Case Assessment Bureau Court Dispute Referral Center (CDRC) In cases where an arrest is not made, a victim can try to initiate a criminal court action through the CDRC in the borough where the incident occurred. The purpose of the CDRC is to assess each case and determine whether it is appropriate for a criminal court action or can be resolved through alternate means, such as mediation. CDRC locations criminal proceeding A court case in which the victim/complainant is a witness for the state in the prosecution of a defendant. When a crime is committed, the District Attorney's office represents the people of the state. Examples include murder, robbery, assault, menacing and aggravated harassment. - D - DA see district attorney DAT see desk appearance ticket DCJS 3221 see Domestic Incident Report defendant the person charged with committing a crime in a criminal proceeding (compare respondent) defense attorney the lawyer for a defendant. If the defendant is charged with a crime and is indigent, the court will appoint an attorney to represent the defendant. Desk Appearance Ticket (DAT) a summons-like ticket issued to a defendant requiring their appearance in criminal court on a specific date, usually about 30 days from the date of the incident. DATs are not to be issued in domestic violence cases. In DAT arrests, the suspect is taken to the local precinct, fingerprinted, given a summons, and then released. DIR see Domestic Incident Report District Attorney (DA) an elected official in a county who is charged with prosecuting crimes committed against the State. The District Attorney has a staff of lawyers known as Assistance District Attorneys (ADAs) who prosecute the cases. Domestic Incident Report (DIR) a report the NYPD requires the responding officer to complete in any case involving allegations of domestic violence, even if the behavior in the incident does not rise to the level of a crime. The victim should always be given a copy of the DIR. (The proper designation of these state-required forms is "DCJS 3221.") - E - Early Case Assessment Bureau (ECAB) (Manhattan only) also known as the "Complaint Room." An Assistant District Attorney (ADA) assigned to ECAB will interview the victim and draft an affidavit which will be the basis for pursuing criminal charges. The ADA may also assist the complainant in requesting an ex parte temporary order of protection, if the complainant is sent to ECAB from the CDRC or if the defendant is issued a DAT. evidence objects or testimony relevant or probative in assisting the judge or jury in determining the facts of a case. ex parte referring to a court order issued when the defendant is not present (ex parte). Ex parte orders must be personally served on the defendant before they become effective. - F - felony a crime punishable by more than one year in prison. Examples include causing injury using a weapon against someone, causing serious injury without a weapon, or permanently disabling someone. The police must arrest someone whom they have probable cause to believe committed a felony. (compare misdemeanor, violation) - G - (empty) - H - harassment a violation or misdemeanor in which the perpetrator behaves in such a manner as to cause alarm or fear of physical injury. This can include kicking, shoving and pushing where the victim receives bruises and scrapes. (compare assault, menacing) - I - (empty) - J - (empty) - K - (empty) - L - LGTB abbreviation for Lesbian, Gay, Transgender and Bisexual LGTBH+ abbreviation for Lesbian, Gay, Transgender and Bisexual and HIV+ - M - menacing A crime in which the perpetrator attempts to cause fear of imminent physical injury. (compare assault, harassment) misdemeanor A crime punishable by more than 15 days, but not more than one year, in prison. Examples include repeatedly threatening someone, making threats over the phone, physically threatening someone, violating an order of protection, menacing, or injuring someone. The police must arrest someone whom they have probable cause to believe has committed a misdemeanor unless the victim spontaneously asks them not to make the arrest. (Police may not ask the victim if he or she wants an arrest made.) Even when the victim spontaneously requests that no arrest be made, the police may nonetheless make an arrest if the circumstances indicate that an arrest is warranted. If the individual has violated an order of protection, the police must make an arrest. (compare felony, violation) - N - (empty) - O - OOP see order of protection order of protection (OOP) an order fashioned by the court which requires a defendant - for example, the batterer in a domestic violence case - to refrain from harassing, threatening or assaulting the person specified in the order. An OOP can also require the defendant to stay away from the victim's home, work and school. All orders must have on their face a specific expiration date. There are several varieties of OOP with different scope and duration: Limited orders allow contact between the batterer and victim so long as the batterer behaves lawfully. Full or Stay-Away orders prohibit any contact between the batterer and victim and may require a batterer to move from a shared residence. Temporary orders of protection (TOPs) are issued pending the resolution of a criminal or family court proceeding. Permanent orders are issued pursuant to a resolution of a court case in which the batterer is found to be culpable for some unlawful actions, and are generally in effect as long as the defendant is in custody or under probation or parole supervision. - P - personal recognizance ... plaintiff ... plea bargain ... press charges ... probable cause ... probative ... proof of service ... prosecution ... - Q - (empty) - R - respondent the person against whom a complaint is filed in a civil proceeding (compare defendant) - S - sexual assault ... summons ... suspect ... - T - (empty) - U - UF 61 ... - V - violation examples include attempting to hit, kick or shove, or actually hitting, kicking or shoving without causing harm, or using obscene language or behaving in a disorderly manner in public. The police can only male an arrest for a violation if they have witnessed the incident - W - (empty) - X - (empty) - Y - (empty) - Z - (empty) - # - (empty) Top of page