Criminal Defense Lawyers

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:

• Aggravated harassment
• Assault or attempted assault
• criminal mischief
• Disorderly conduct
• Harassment
• Menacing
• Reckless endangerment
• Stalking

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.

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.

After the family offense petition is filed, the judge will also set the date for the respondent to appear and issue that person a summons. In the event that the person who files the petition is in immediate danger, the judge may issue a warrant that requires the respondent to be brought into the court.

The respondent can either admit to or deny the allegations listed in the family offense petition. That person also has the right to simply consent to the order of protection. In some cases, if the family court is not currently in session, the person filing the petition can receive an order of protection from the criminal court. This also depends on the circumstances of the situation.

However, in the event that the respondent denies the allegations, there will be a hearing to determine whether the allegations in the petition are true. If the judge determines the allegations are proven, the next step is a dispositional hearing. However, prior to a second hearing occurring, the court may adjourn to ask questions regarding the conditions, capacities and surroundings of everyone involved in the case.

If the judge determines that allegations found in the petition have not been proven, the case will be dismissed.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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2024-03-12

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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When allegations have been proven and the dispositional hearing takes place, the judge issues a dispositional order. That order can include any of the following situations:

• Suspension of the judgment for six months
• The respondent may be put on probation for as long as one year and may be required to take part in a batterer’s educational program. This program can include treatment for drugs or alcohol. The respondent would be required to pay for the program’s cost
• The respondent may be required to pay restitution of a maximum of $10,000
• The judge may issue a final order of protection that is effective for as long as two or even five years depending on the circumstances

In addition, there may be a final order of protection issued, which can require the following of the respondent:

• They must stay away from the petitioner and the children who may be involved
• Must pay the legal fees of the petitioner
• Participate in a batterer’s educational program
• Must pay for any medical bills the petitioner has for any injuries stemming from the abuse
• Stay away from the home, workplace and school of the petitioner and any children involved in the situation
• Avoid perpetrating any additional family offenses or any acts that can endanger the welfare of any family members
• They are allowed to remove their personal property from the residence they share with the petitioner at a specific time determined by the court
• Can visit with children at specific places and times as determined by the court
• Do not intentionally injure or kill any pet owned by the petitioner or minor child who resides at the home

A violation of protection order can be filed by the petitioner if the respondent violates the order of protection. If it the violation is proven, the respondent can receive a six-month jail sentence for each violation. The order can also be modified. However, depending on the circumstances and severity of the violation, the case can be transferred to criminal court and the respondent may receive a harsher sentence.

The court may also revoke the respondent’s license to carry a firearm. It can also make the individual surrender any weapons they own if it is believed they would use them to commit further violent acts.

The petitioner has the legal right to file a family offense case in family court, criminal court or both. Both the petitioner and respondent have the legal right to an attorney in both courts as well.