Riedel v. Vasquez
Opinion of the Court
The Family Court is a court of limited subject matter jurisdiction, and “cannot exercise powers beyond those granted to it by statute” (Matter of Johna M.S. v Russell E.S., 10 NY3d 364, 366 [2008]). Pursuant to Family Court Act § 812 (1), the Family Court’s jurisdiction in family offense proceedings is limited to certain prescribed acts that occur “between spouses or former spouses, or between parent and child or between members of the same family or household” (Family Ct Act § 812 [1]; see Matter of Seye v Lamar, 72 AD3d 975, 976 [2010]). “[M]embers of the same family or household” include, among others, “persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time” (L 2008, ch 326, § 7; see Family Ct Act § 812 [1] [e]; Matter of Seye v Lamar, 72 AD3d at 976). Expressly excluded from the ambit of “intimate relationship,” are “casual acquaintance[s]” and “ordinary fraternization between two individuals in business or social contexts” (Family Ct Act § 812 [1] [e]). Beyond those delineated exclusions, what qualifies as an “intimate relationship” within the meaning of Family Court Act § 812 (1) (e) is determined on a case-by-case basis (see Matter of Seye v Lamar, 72 AD3d at 976). Relevant factors include “the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship” (Family Ct Act § 812 [1] [e]; see Matter of Willis v Rhinehart, 76 AD3d 641, 642-643 [2010]; Matter of Seye v Lamar, 72 AD3d at 976-977).
Here, the parties have no direct relationship and are only
Case-law data current through December 31, 2025. Source: CourtListener bulk data.