How to complete Form 8-2 - Petition (Family Offense)

Instructions for persons without an attorney

You do not need a lawyer to file this petition.

Court staff can help explain how to file the form, but they cannot tell you what to say or give legal advice. Domestic Violence Advocates can help you ask the court for an order of protection and make a safety plan. You can find a Domestic Violence Advocate in your county that can help you.

Take your time. Answer honestly. If you do not know an answer, write “unknown.”


IMPORTANT SAFETY REMINDER
If you are in immediate danger, call 911.
To immediately exit this page, click the QUICK EXIT button.


Basic Case Information

  • County: Write the county where you are filing.
  • Petitioner: This is you.
  • Respondent: The person you are filing against.
  • File / Docket Number: Leave blank. The court will assign a new file number and docket number where applicable.

Example:
County: Kings
Petitioner: Jane Doe
Respondent: John Smith


Your Address

Q. “Should your address be kept confidential?” This question is about your safety.

  • Check “Yes” if the Respondent does not know your address and you do not want them to know it.
  • If your address is not confidential, write your:
    • Physical address
    • Mailing address (if different)

Safety Reminder:
Do not list your address if doing so could put you at risk.


Respondent’s Address

  • Write the respondent’s address only if you know it and it is not confidential.
  • If you do not know the address, write “unknown.”
  • Do not guess. 

Example:
Physical address: Unknown


Relationship to the Respondent

This section explains why Family Court can hear your case.

  • Check all boxes that apply.
  • Only check boxes that are true.
  • If asked to explain, briefly describe the relationship.
  • Check whether you:
    • Live together now
    • Lived together in the past
    • Never lived together

Example:
☑ We were in an intimate relationship
☑ We lived together in the past


What the Respondent Did (Offenses)

This is one of the most important sections.

Step 1: Specify the offense(s) the respondent committed

Check the box(es) that best describe what happened.

Step 2: Provide details

Fill in:

  • Date and time
  • Location
  • Who was injured
  • Injuries
  • Any weapons used
Step 3: Describe what happened
  • Use your own words.
  • Be clear and factual.
  • Say what the respondent did or said.
  • You do not need legal terms.

Example:
“On March 5, 2025, around 9:00 PM, the respondent pushed me into a wall and said, ‘I will hurt you if you call the police.’ I had bruising on my arm.”


Police or Criminal Cases

  • Check Yes if police were called or criminal charges were filed.
  • If yes, fill in what you know.
  • If no, check No and continue.

Example:
☑ Yes
Court: Criminal Court of Queens County
Status: Pending 


Children and Household Members

List all children involved, including:

  • Children who live with you.
  • Children who do not live with you.

Include the children’s:

  • Names
  • Dates of birth
  • Relationship to you
  • Relationship to the respondent

If you have children who do not live with you, specify who they live with.


Offenses Against Children

  • Check Yes if the respondent harmed or threatened a child.
  • List the child’s name and what happened.
  • If not, check No.

Example:
Child: A.S.
Offense: Respondent threatened to take the child and never return them. 


Safety Concerns

Answer honestly about:

  • Threats or dangerous behavior
  • Violations of Orders of Protection
  • Firearms or weapons
  • Fear of future harm

If you check Yes, explain briefly.


Other Court Cases and Criminal History

  • List any other court cases between you and the respondent.
  • If you do not know about criminal convictions, write “unknown.”

Pets

  • Check Yes if you want protection for pets.
  • List pets and explain if they were threatened or harmed.

Example:
Pet: Dog named Max
Respondent kicked the dog during an argument.


Prior Court Requests

  • Check Yes if you previously asked any court for similar help.
  • If not, check No.

What You Are Asking the Court to Do

Check only what you want the judge to consider, such as:

  • Order of Protection
  • No contact (including social media)
  • Stay-away orders
  • Firearm surrender
  • Support orders (if applicable)

Reminder:
You are not required to ask for everything—only what you need.


Signature

  • Print your name.
  • Sign your name.
  • Write the date.

Filing the Family Offense Petition (and Address Confidentiality Affirmation, if applicable)

After Your Petition is Received

  • Our clerical staff will file your petition and notify you of the court date.
  • Keep copies of everything.
  • Bring evidence to court if you have it (texts, photos, police reports).

Final Reminder

Court staff can help with forms, not legal advice.

You have the right to be represented by an attorney. If you can’t afford a lawyer, you may qualify for court-appointed counsel. The jurist presiding over your case will ask if you wish to represent yourself or if you would like an attorney.  They will decide if you meet the eligibility requirements for an attorney at no cost to you.


Domestic Violence Resources

  • Safe Horizon - is the nation's leading nonprofit victim assistance, advocacy and violence prevention organization with more than 80 programs throughout New York's five boroughs and a staff of over 900 dedicated professionals. The mission of Safe Horizon is to provide support, prevent violence, and promote justice for victims of crime and abuse, their families and communities.
  • New York State Coalition Against Domestic Violence - works to create and support the social change necessary to prevent and confront all forms of domestic violence.
  • Office for the Prevention of Domestic Violence - New York State Agency dedicated to the issue of gender-based violence. Their mission is to improve New York State's response to and prevention of domestic violence with the goal of enhancing the safety of all New Yorkers in their intimate and family relationships.