What Is A Family Offense Petition?
A family offense petition is what you file in family court when you want to obtain an order of protection. An order of protection is a court order that prevents an individual from coming within a certain distance of your home, your work, and possibly your children. They can also be ordered to stay away and not contact or harass you in any manner.
Orders of protection can be an effective tool to protect you from an abusive family member, and violations of orders of protection can result in jail time.
Unfortunately, they are also often used maliciously to gain an upper hand in custody disputes.
To get an order of protection you have to prove that a Family Offense was committed. Under New York State law a Family Offense is defined as:
• Disorderly Conduct.
• Harassment in the 1st or 2nd degree.
• Aggravated Harassment in the 2nd degree.
• Menacing in the 2nd or 3rd degree.
• Reckless Endangerment in the 1st or 2nd degree.
• Assault in the 2nd or 3rd degree.
• Attempted Assault.
• Stalking in the 1st, 2nd, 3rd, or 4th degree.
• Criminal Mischief.
Who Can You File Against?
You can only file a family offense petition in family court against:
-Blood relatives
– Relatives by marriage or adoption
-Your spouse
-Your former spouse
-A person with whom you have a child
-A person with whom you are or were in an intimate relationship. “Intimate Relationship” is open to interpretation by the Court but could include significant others, close friends, roommates, etc…
How To File A Family Offense Petition
#1: File A Family Offense Petition – The first step is to go to the family court and file a family offense petition. It is helpful to be prepared with your abuser’s current address, a detailed description of the incident, and copies of any applicable police reports. This petition must be filled out correctly so the assistance of a new york family lawyer is highly recommended. However, if you are in imminent danger you should call 911 or go file yourself immediately.
#2: When you file your Family Offense Petition you will be immediately sent to a Judge who can issue a Temporary Order of Protection on an immediate “ex parte” basis (meaning without the presence of the other party) if the allegations are severe enough.
#3: Appear before the judge on your scheduled court date. Upon filing your petition you will be given a summons that has a court date. On this date, you will have to show that the other party has been properly served. Both you and the opposing party must appear.
It is important for you to understand your rights and how this an order of protection may protect you and your children.
An order of protection can provide the petitioner with significant leverage in a custody case. If you are truly a victim of abuse, this can help protect you and your children.
If you have been falsely accused of a family offense, an order of protection can keep you away from your children.
In either case, you need an experienced new york family offense attorney to protect your rights.
Schedule your case strategy below so you can learn your options.
