In New York, the court allows for certain protections against inter-family abuse. One such protection is a family offense petition. A family offense petition is filed in cases where one family member has committed one of several punishable acts against another person in the family. A family offense petition can lead to a temporary order of protection that is effective until the date of the hearing, and if the allegations are proven at the hearing, a final order of protection that is valid for up to five years is issued.

In order to meet the requirements of a family offense petition, the petitioner must allege that the one of the following prohibited acts against another family member occurred:

• Disorderly conduct
• Harassment
• Aggravated harassment
• Menacing
• Reckless endangerment
• Assault or attempted assault
• Stalking
• Criminal mischief

A family offense petition can only be filed by a family member. A “family member” is defined as:

• Individuals related by blood
• Individuals related by marriage
• Individuals who were formerly married
• Individuals who are unrelated but have a child together

When a family offense petition is filed, the petitioner has the right to an immediate court appearance, with a hearing scheduled at a later date. Based on the allegations within the petition, the judge may decide to issue a temporary order of protection that stays in effect until the day of the hearing.

The person the petition is filed against is the respondent: they have the right to either admit or deny the allegations in the petition. If they deny the allegations, a fact-finding hearing will be held to determine the validity of the allegations. If the respondent admits the allegations, they are consenting to the order of protection.

If, after the hearing, the judge determines that the allegations within the petition are false, the case is dismissed. If, however, the judge determines at the hearing that the allegations in the petition are true, the judge will issue a dispositional order, which could include any of the following:

• Suspending judgment for six months;
• One year of probation and mandatory participation in a batterer’s education course, which may or may not include drug and/or alcohol treatment, payable by the respondent;
• A final order of protection which can be valid for up to two years, or up to five years if an aggravating element is present.

If a final order of protection is granted, it may include the following restrictions:

Stay away from the petitioner and any children involved;

Pay the petitioner’s reasonable attorney fees;

Participate in a batterer’s education program;

Pay for petitioner’s medical bills for injuries sustained as a result of the abuse;

Stay away from the home, school, or place of employment of the petitioner and any children involved;

Refrain from committing additional family offenses or acts that endanger the welfare of other family members

Be permitted to remove personal property from a shared residence at a time designated by the court;

Be permitted to visit with any children at court-designated times and places;

Stacy Sabatini, Esq.: protecting New York families

If you are a New York resident who has filed, or is considering filing, a family offense petition, an experienced family law attorney can help you get the protection your family needs. The Law Offices of Stacy Sabatini, Esq., conveniently located in New City, New York, are dedicated to protecting families and proudly serve residents of Rockland, Orange, and Westchester county. For your consultation, contact us online at www.sskfamilylaw.com.