What Constitutes A Family Offense In New York?

Family offense is a civil proceeding pursued in Family Court when an act of domestic violence has been committed, such as assault, menacing, harassment, stalking, or similar crimes. These acts are not necessarily criminal in nature and the offender is does not always face the prospect of going to jail unless an order of the court has been violated.

Can Family Violence Serve As Material Change To A Standing Order Of The Court?

It may be a material change that could serve as a basis to modify custody or visitation arrangements; however it is usually not a basis to modify a prior order of child or spousal support. One could claim their ex-spouse or the other parent of their child or children assaulted them so badly they are unable to work. In theory, one could file a modification of spousal and/or child support, claiming the other engaged in this conduct and they are now unable to work (indeed that is a statutory factor the court could consider in modifying a prior financial arrangement).

What Orders Of Protections Are Considered In Family Offense Cases In New York?

Basic terms of an order of protection in a family offense case will include directives for the subject of the order to not commit a family offense, or otherwise threaten or intimidate the holder of the order. The terms may also include a stay away provision, stipulating to stay away from the person’s home or their place of business. The order may also include no-contact provisions, no contact via phone, email, video, or social media, or similar means of communication. It can also include terms that restrict one from possessing firearms.

Is It Possible For Someone To Be Removed From Their Home Prior To A Family Offense Case Being Heard In Court?

Yes a person may be removed from the home in family offense cases, especially when the allegations involve violence and the court wants to make sure that the violence does not reoccur. The court has the power to enforce a stay away order that would effectively result in a removal of that person from the residence. If the person has no other place to go, they should immediately file an order to show cause back, before the same judge asking for modification of that order, so that it would allow them to go back into the house if there is a basis to do so.

How Soon After A Family Offense Motion Is Made In Court Will A Hearing Be Held?

Hearings are usually held within two to four months – depending on the court’s backlog (as of this writing in June, 2021, the courts are still very backed-up due to the pandemic), the attorney’s calendar, and pre-trial motion practice. Either side can file a pre-trial motion requesting the judge issue an order, such as a discovery order or a motion to dismiss. These motions may delay the proceedings or, in the case of dismissal, it may prevent the need for a trial in the first place. If there is a basis to dismiss a petition for failure to state the cause of action, one should pursue this with their attorney.

For more information on Family Offense Cases In The State Of New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 468-0968 today.