Domestic Violence/Family Offense

Who May File:

To file a petition in Family Court, you and the other party must be:

Related by blood or marriage          

Are or were married       

Have a child in common

Parent/Child                  

Live together   

Are in an "intimate relationship" regardless of whether they live together

Offenses

A Family Offense is defined in the New York State Penal Code.   They include: 

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Disorderly Conduct, Harassment (1st or 2nd), Aggravated harassment (2nd), Criminal mischief, Sexual abuse (2nd or 3rd), Strangulation, Coercion (2nd), Identity theft, Menacing (2nd or 3rd), Reckless endangerment, Attempted assault, Sexual misconduct, Forcible touching, Stalking, Criminal obstruction of breathing or circulation, Grand larceny, and Unlawful dissemination or publication of intimate images.   

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Order of Protection

The Court may issue a Temporary Order of Protection during the pendency of the proceeding and may ultimately issue a Final Order of Protection at the conclusion of the matter. 

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A Temporary Order of Protection, if issued, may be granted immediately after the petition has been filed.  You may meet with the Judge to give details about the circumstances giving rise to the need for a petition.  

A Final Order of Protection may be issued after a fact-finding hearing or, in some instances, upon agreement of the parties.  It may be in place for up to two (2) years when issued from Family Court.

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An Order of Protection (Temporary or Final) can direct the other party to stay away from you, your home (and may result in the removal of the other party from your home), your business, the children and/or their school, or may direct the other party to refrain from certain conduct, such as committing a family offense, prohibiting him or her from contacting you, or other conduct deemed necessary by the Court to protect persons and property.

Take Action

If you are in need of an Order of Protection or you are the subject of  a Temporary Order of Protection, you should consult with an attorney immediately to understand your rights.