Family Offense Petition Lawyers NYC
When a person has claimed that a family member committed a certain act against them, they have the legal right to file what is known as a family offense petition. This petition can be filed when the following is committed against a family member:
| Offense Type |
|---|
| Aggravated harassment |
| Assault or attempted assault |
| criminal mischief |
| Disorderly conduct |
| Harassment |
| Menacing |
| Reckless endangerment |
| Stalking |
Who Qualifies as “Family Members”
It’s important to have the knowledge of how to go about filing a family offense petition so that there is no confusion. “Family members” are generally people who are related by blood or marriage, people who were previously married or even individuals who are not related but who have had a child together.
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196Initial Court Appearance
On the same day that a person files a family offense petition, they have the right to immediately have a court appearance. If the judge determines that the petition has good cause, he or she may issue an order of protection to the petitioner. If there are children involved in the family situation, the judge can also order a temporary order of child support as well. It’s important to know that the order of protection is good until the date the family member alleged to be perpetrating the abuse, also known as the respondent, is scheduled to appear in court.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Your ex-spouse has been sending you dozens of threatening text messages daily and showed up uninvited at your workplace twice last week, frightening you and your coworkers. You have two children together and share custody, making it impossible to simply cut off all contact.
Can I file a family offense petition in family court even though we're already divorced, and what protections can I realistically expect to receive?
Yes, under New York Family Court Act Article 8, you can absolutely file a family offense petition against a former spouse, as they qualify as a member of your family or household regardless of your current marital status. The conduct you're describing — repeated threatening messages and unwanted appearances at your workplace — likely constitutes aggravated harassment under Penal Law § 240.30 and stalking under Penal Law § 120.45, both of which are enumerated family offenses. If the court finds your petition credible, it can issue an order of protection that prohibits contact except through a designated method for child custody communications, requires your ex to stay away from your home and workplace, and can even mandate a batterer's intervention program. Violating that order of protection is a separate criminal offense under Penal Law § 215.51, which means any future violations carry serious consequences including arrest and potential jail time.
This is general information only. Contact us for advice specific to your situation.
