What is a Family Offense in New York Family Court?

A Family Offense proceeding is a quasi-criminal proceeding that is litigated in County Family Courts and are overseen by a Family Court Judge. Family offenses include disorderly conduct, harassment, sexual misconduct, abuse, stalking, criminal mischief, menacing, reckless endangerment, strangulation and assault.

In order to qualify as a Family Offense, and proceed in Family Court, the person you are seeking an Order of Protection against must be your current or former spouse or intimate partner, the parent of your child or a person related by marriage or blood.

What is the Family Offense process?

A Family Offense petition must be filed with the Family Court Clerk’s Office in order to commence a Family Offense proceeding. Once a Family Offense petition is filed, the Court may provide temporary relief that same day if the facts and circumstances indicate there is an emergency need for relief, or an Order of Protection. If the Court finds there is an emergency need for relief, a Temporary Order of Protection may be issued and a future Court date will be scheduled for arraignment on the Respondent. That future Court date is called a First Appearance. Thereafter, the Court will likely schedule the matter for Further Proceedings and then, if an agreement cannot be reached, a dispositional hearing.

What is an Order of Protection?

Temporary or Final Orders of Protection can order a Respondent to stay away from the Petitioner, their home, their employment or school, as well as the home, employment and school of any subject minor children if applicable. These Orders of Protection may also prohibit the Respondent from contacting the Petitioner, or in some cases the minor children, by any means. If there are children involved, it is typical for the Court to add a “carve-out” for contact to facilitate parenting time. However, the Court may temporarily modify a prior order of custody and parenting time within the Order of Protection itself. Orders of Protection also prohibit the Respondent from engaging in any illegal conduct, both family offenses and criminal offenses, towards the Petitioner, or any children involved.

An Order of Protection will also include an Order for the Respondent to surrender any and all firearms in their possession.

How long does an Order of Protection last in New York Family Court?

A New York Family Court can issue an Order of Protection for up to two (2) years. If there are aggravating circumstances, the Family Court may issue an Order of Protection for up to five (5) years.

What happens if the Order of Protection is violated?

If the Respondent violates an Order of Protection they could be arrested and charged with criminal contempt. The penalties for violating an Order of Protection could be a modification of the Order of Protection for additional, or more restrictive, provisions and possibly include imprisonment in jail.