Samantha I. ex rel. Emily K. v. Luis J.
122 A.D.3d 1090, 997 N.Y.S.2d 510 (2014)
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Rule of Law:
An intermittent, multi-year dating relationship between minors can constitute an "intimate relationship" under New York Family Ct Act § 812(1)(e), thereby granting Family Court subject matter jurisdiction to hear a family offense proceeding and issue an order of protection.
Facts:
- Petitioner's daughter and respondent were classmates since kindergarten and began a 'boyfriend-girlfriend' relationship in fifth grade.
- The relationship continued on-and-off through eighth grade, when both parties were 13 years old.
- Initially, the relationship consisted of holding hands, kissing, and frequent text and phone communication, with respondent sometimes calling 5 to 10 times daily.
- In sixth grade, the relationship involved sexual contact, including an incident where respondent allegedly caused the daughter to touch his penis and another where he put his hand down her shirt to touch her breasts without permission.
- After a pause in seventh grade, the parties reconnected and, in eighth grade, engaged in oral sex and sexual intercourse on two separate occasions.
- During the sexual intercourse encounter, the daughter testified that she asked respondent to stop, which he did initially but then continued.
- Following these events, the daughter distanced herself from respondent and later disclosed the incidents to petitioner, her mother.
Procedural Posture:
- Petitioner commenced a Family Ct Act article 8 proceeding in the Family Court of Clinton County on behalf of her daughter against respondent.
- Following a fact-finding hearing, the Family Court granted the petition, finding it had jurisdiction and that respondent had committed family offenses.
- After a dispositional hearing, the Family Court issued a two-year order of protection in favor of petitioner's daughter.
- Respondent, the party against whom the order was issued, appealed both the order granting the petition and the resulting order of protection to the appellate court.
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Issue:
Does an on-and-off 'boyfriend-girlfriend' relationship between two 13-year-olds, which lasted several years and involved frequent communication and sexual contact, qualify as an 'intimate relationship' under New York Family Ct Act § 812(1)(e), thus conferring subject matter jurisdiction on the Family Court?
Opinions:
Majority - Garry, J.
Yes, the relationship qualifies as an 'intimate relationship' under the statute, giving the Family Court subject matter jurisdiction. The Legislature amended the Family Ct Act in 2008 to expand its protections beyond persons related by blood or marriage to include those 'who are or have been in an intimate relationship.' The statute provides a non-exhaustive list of factors to assess this, including the nature, frequency, and duration of the relationship. The court found that the youth of the participants does not preclude a finding of an intimate relationship, as the statute expressly contemplates respondents too young to be held criminally responsible. Similarly, the fact that the parties lived in separate homes is irrelevant, as the statute explicitly states that the parties need not have lived together. The record of a multi-year, intermittent dating relationship with frequent interaction and sexual contact supported the Family Court's determination that an intimate relationship existed.
Analysis:
This decision clarifies that the 2008 amendment to the Family Court Act, which expanded jurisdiction to include parties in an 'intimate relationship,' applies to minors engaged in dating relationships. It establishes that courts should focus on the substantive factors of the relationship—its nature, duration, and frequency of contact—rather than being constrained by the participants' age or living arrangements. The ruling significantly broadens the availability of legal protections, such as orders of protection, for victims of teen dating violence, ensuring that Family Court can intervene in cases of abuse that occur outside of traditional familial or spousal contexts.
