Family Offense
O PETITION

A Family Offense proceeding is a court case wherein a person is claiming that another person committed an act which involves disorderly conduct, harassment, assault, or threat of physical harm. The two parties can be spouses, former spouses, two parties never married but who have a child in common, members of the same family, or individuals involved in an intimate relationship. The Petitioner can file the case in Family Court, or in Criminal Court, or both. Both courts can issue Orders of Protection, but the criminal court may also bring criminal charges against the Respondent.

Petitions may be filed at the Family Court office, the Probation Department or by an attorney. In some counties, the local domestic violence shelter will assist persons in filing the petitions. The petition must contain a description of the acts and request that an Order of Protection be issued.

When a person files a Family Offense petition with the Family Court, that person is taken before a judge immediately, if one is available. If there is no judge available, the person is advised that they can come back the next morning, or they can file at the local criminal court for an immediate order of protection. The judge will listen to the testimony and determine if there are grounds to issue an immediate Temporary Order of Protection. The Order of Protection can direct the Respondent to stay away from the Petitioner, the Petitioner’s home, place of employment. It can direct that the Respondent refrain from threatening or harming the Petitioner. The court can issue other conditions in order to assure the safety of the petitioner and family, including any children. The case will then be adjourned for another appearance where both parties will be present. The Family Court will have a police agency personally serve the Temporary Order of Protection, summons and Petition on the Respondent.

At the next court appearance where both parties are present, the parties will be advised of their right to an attorney. The parties may wish to hire an attorney and if they cannot afford an attorney, one may be appointed to represent them. In some instances, the Court will assign a lawyer for the minor children. The children’s lawyer is called a Law Guardian.

The Court will hold a hearing to determine if the Respondent committed the acts or not. If the Court decides that the Petitioner failed to prove their case, the petition will be dismissed. If the Petitioner proves the case, the judge can issue a Permanent Order of Protection. Most Orders of Protection are in effect for one year. In some cases, they can be issued for up to three years.

Orders of Protection are enforceable in all states. People who have a valid order of Protection and relocate to another state should contact that court immediately for instructions on how to register the Order of Protection in that state.

Content taken from:
"A Guide to the New York State Family Court"
by the Fund for Modern Courts