Family Offenses
Family Court Act Article 8
Family Offenses Proceedings in New York Family Court
By J. Douglas Barics
A family offense proceeding is authorized by Article 8 of the Family Court Act. It is designed to give victims of domestic violence an extra means of protection.
Requests for orders of protection in Family Court are not criminal in nature; meaning the district attorney is not involved nor is the government acting as the prosecutor.
Family offense proceedings are civil proceedings, meaning they are brought by individuals. They allow someone who is a victim of certain crimes committed by family members or someone with a close relationship to bring a civil case directly.
Family offense proceedings are requests for orders of protection. If granted, a violation of that restraining order can result in six months incarceration.
This tool to combat domestic violence comes at a price. A spiteful former partner can attempt to use the Family Court system to gain an unfair advantage. These people not only harm the targets of their spite, but they also undermine the people who need orders of protection the most, as they too can be called into question.
Having a skilled lawyer who understands the dynamics of abusive relationships is critical in obtaining protection when needed, and defending against false charge.
Do you need representation in a Family Offense matter or obtaining a restraining order in Family Court on Long Island?
Contact us online or at (631) 864-2600.
Family Court Orders of Protection and Family Offense Proceedings
What you need to know about orders of protection and restraining orders
How do I file for an Order of Protection in Family Court?
To file for an order of protection, you file a petition. The forms are available online or at the Family Court itself. The clerk will process the forms and issue the remaining paperwork. The system is designed to allow people to file papers without an attorney.
What is needed in the petition?
The petition will state your name and address, unless it is confidential, and the name and address of the person you are requesting protection from. Other background information is required. The specific allegations you are making must be stated in the petition as well.
Can I request an order of protection against anyone?
No, in order to file a family offense petition, the Family Court Act requires you to have close or family relationship with the person you are claiming committed a family offense.
What kind of relationship is close enough for a Family Court to accept my family offense petition?
The Family Court act requires the parties to be in one of the following categories.
- persons directly related blood or their in laws
- a spouse
- a former spouse
- persons who have a child together
- at the court's discretion if the relationship is found to be intimate enough by the judge.
Are there limits to what kind of acts that allow me to request an order of protection?
Yes. The following acts are the only offenses covered by domestic violence
- Assault
- Harassment
- Intimidation
- Reckless Endangerment
- Stalking
- Disorderly Conduct
Can I also file in District Court or Criminal Court?
Yes
What is the difference between Family Court and District/Criminal Court?
In Family Court, you are the petitioner and decide how the case is prosecuted, what witnesses to call, what evidence to use, and whether or not to settle.
In District/Criminal Court, the District Attorney is the prosecutor and makes all these decisions. You are a witness.
What does an order of protection do?
An order of protection does two things.
- It gives the police probable cause to arrest the subject of an order of protection when they are called. Without an order, the decision to arrest or not is at the officer's discretion.
- If an order of protection is violated, a new petition can be filed and if it is show that a violation did occur, the respondent can face up to six months in jail.
Contact Our Family Court Lawyer Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to prosecute or defend any family offense petition. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled Family Law attorney located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.