In the state of New York, the list of domestic violence criminal offenses is broad and comprises a variety of acts. Domestic violence is a term that represents categories of these criminal acts, not a name for a single, particular crime, making it tricky to define at times. When any of these acts are committed, the courts treat the crime as a family offense, as defined by the state’s penal statutes. Victims of domestic violence incidents who are considered by law to be family may file a family offense petition against the alleged perpetrator, a claim that states an act of domestic violence has been committed against them.
Who Can File a Family Offense Petition Against You?
Any individual related by blood or marriage, or anyone who shares a child with you may file a family offense petition against you if they claim you have committed of any of the following acts:
- Harassment
- Stalking or menacing
- Sexual abuse
- Assault, including attempted assault
- Disorderly conduct
- Coercion
- Strangulation, or any form of obstruction of breathing or blood circulation
- Grand larceny
Other criminal acts that may warrant the filing of a family offense petition include identity theft, reckless endangerment, or any form of criminal mischief.
What Happens Once a Family Offense Petition is Filed?
Petitioners have a right to an immediate court appearance. During this time, the judge will decide whether or not to issue a temporary order of protection on the petitioner’s behalf. This decision is based on whether or not the judge believes there is “good cause”, or good reason for taking action. If an order of protection if issued, then it remains in effect until the alleged abuser is scheduled for a court appearance. Should the judge find that the petitioner is in immediate danger, they may issue a warrant for the responder to appear in court sooner. From there, the process turns into a series of hearings, depending on the respondent’s claims. For example, if the alleged abuser denies the allegations in the petition, a fact-finding hearing is then held to discover whether or not the allegations are true or false.
Contact a Manhattan Domestic Violence Defense Lawyer
When domestic violence allegations are made against you, it may feel as if your name is under attack and that your wellbeing is at stake. Accusations of such criminal charges can be scary and leave you wondering where to turn for help, especially when you believe the claims are embellished or entirely false. It is critical to speak with a seasoned, knowledgeable Manhattan domestic violence defense attorney when you are the respondent of a family offense petition. With more than 25 years of experience in the criminal law arena, JOEY JACKSON LAW, PLLC is more than capable of defending your best interests in a court of law. Call us at 1-833-JOEYJACKSON or 1-833-563-9522 today and ask for a case evaluation.
Sources:
https://www.nycourts.gov/CourtHelp/Safety/familyfiling.shtml
http://ww2.nycourts.gov/courts/7jd/courts/family/case_types/family_offense.shtml