Protection in Domestic Violence Cases

Help from Our New York Family Offense Lawyers

At Proto, Sachs & Brown, LLP our attorneys have decades of experience in Family Court handling countless family offense and custody cases. We will aggressively protect your rights and fight for you. Call our office for a free consultation. Contact our law firm for more information about how our experienced family offense lawyers can help you with your family offense matter. Contact us online or by telephone at (914) 840-5104.

The Family Offense Petition

A family offense petition is a document filed in the New York State Family Court regarding domestic violence. The individual who files the family offense petition is the Petitioner and the party who must respond to the petition is known as the Respondent.

The main purpose of a family offense petition is to obtain an Order of Protection from a Family Court Judge.

Allegations in a Family Offense Petition

In order to draft a legally sufficient petition there must be sufficient allegations that rise legally to the level of a "Family Offense."

If the petition is not legally sufficient the Petitioner will not be granted an Order of Protection and the Petition will be dismissed. It is important to have a family law attorney experienced in drafting family offense petitions to either draft or review a family offense petition to make sure the petition is sufficient and will not be dismissed.

A White Plains divorce attorney will also have an opportunity to amend the family offense petition during the Court proceedings if necessary for sufficiency. It is the responsibility of the Petitioner to prosecute the family offense petition in the Family Court. It is the responsibility of the Respondent to defend against the Family Offense Petition.

The Order of Protection

An Order of Protection is a judicial Order that directs an individual to stay away from the protected party, refrain from communicating with the protected party, refrain from committing any criminal acts against the protected party and/or surrender any weapons to the local police department. Some or all of these provisions can be part of an Order of Protection. The Respondent must be properly served with a copy of the Order of Protection to be enforceable.

Violations of the Order of Protection

Any violation of this Order of Protection will result in a violation in the New York Family Court or a violation in the New York Criminal Court.

Settlement of a Family Offense Petition

During the family offense proceedings the Petitioner and Respondent can reach as agreement (settlement) regarding the family offense. A settlement usually results in a determination of fault, duration of an order of protection and the actual terms of the final Order of Protection.

The Trial of a Family Offense Petition

As stated earlier the Petitioner must prosecute the family offense petition. This includes presenting evidence in the form of witnesses, medical records, police reports, photographs, recordings, written statements and/or damaged items. The Petitioner can also apply for a subpoena for relevant information or evidence. The Petitioner must prove the case by a preponderance of the evidence.

The Respondent must defend against the family offense petition in the same manner by presenting evidence to the Family Court.