In this blog I will attempt to outline some of the elements of common family offenses, which I have seen in my practice as a New York City and Long Island Order of Protection Lawyer. If a family offense is proven, it usually entitles the victim to an order of protection. Under the New York Family Court Act, if someone that meets the definition of Family under the Act commits a Family Offense against the other then there should be a finding that a Family Offense has been committed and a decision as to what order of protection, if any, is appropriate among other possible dispositions. Orders of protection might direct a person to stay away from the protected individuals and/or to refrain from committing certain acts against them, among other things.
At a hearing, facts that are not alleged in the petition, if properly objected to, may be inadmissible to prove that a family offense was committed. Only relevant, competent and material evidence should be admitted to prove or disprove a family offense. Each case is different and whether or not a Family Offense was committed and the appropriate action to take if there was an offense, is up to the discretion of the trier of fact or judge in each particular case within certain evidentiary requirements and standards. Usually Family Offense cases are heard in the New York Family Courts. They may, however, also be heard in the Supreme Court such as during a divorce case. Often times the Family Offense case may initially be assigned to a Referee, instead of a judge, who can be given the authority by the consent of the parties to be the judge that decides the case.
Family offenses are enumerated in the New York Family Court Act and are violations and/or crimes under the New York Penal Law. A family offense proceeding in Family Court or Supreme Court, however, is not a criminal prosecution and thus is usually simply about whether or not an order of protection should be issued. Again, the following is not a complete list as there are many more acts or crimes enumerated under the law, but the intent is to illustrate of what might constitute some of the more common. Continue reading ›