how to defend a family offense petition

How to Defend a Family Offense Petition

Getting served with a family offense petition can be scary and overwhelming. You may feel confused about the allegations against you and unsure of what to do next. Don’t worry – this guide will walk you through the process step-by-step so you can understand how to defend yourself.

What is a Family Offense Petition?

A family offense petition is a legal document filed in Family Court by someone claiming you committed a family offense against them. Family offenses include things like harassment, assault, stalking, and menacing. The petitioner has to be someone you’re related to either by blood, marriage, or because you have a child together. They can also be someone you dated or lived with.

The petition lays out the allegations against you and asks the court for an order of protection to keep you away from the petitioner. If granted, the order can force you to stay away from their home, job, or even your kids. So these petitions are serious business.

Being Served with a Petition

You’ll know a petition has been filed against you because you’ll be “served” with a copy by a process server. This means someone will track you down, hand you the papers, and have you sign something saying you received them. The petition will tell you when to appear in court. This is your first chance to tell the judge your side of the story.

Don’t ignore the petition! Get help from a lawyer right away. Missing your court date could result in a default judgment against you. You may end up with a 2-year restraining order without ever getting to defend yourself.

Get an Attorney

Your best bet is to hire a lawyer who specializes in defending these types of cases. An experienced attorney will know all the rules and procedures. They can walk you through your options at each stage of the case. And they’ll make sure your rights are protected.

Some key things a lawyer can help with:

• Reviewing the allegations against you and figuring out your defense
• Negotiating with the petitioner to get the charges dropped
• Preparing evidence and witnesses for your hearings
• Questioning the petitioner and their witnesses
• Presenting arguments to the judge on your behalf

Having a lawyer in your corner can make all the difference. The laws around family offense cases can be complex. Don’t try to navigate them alone.

The First Court Appearance

This first hearing happens pretty quickly after you’re served. The judge needs to consider the petitioner’s request for immediate protection. You’ll have a chance to respond to the allegations against you.

There are three basic options for how to plead at this stage:

1. Admit – If you agree with the allegations, you can admit to them and consent to the order of protection. But be careful – this ends up on your record.
2. Deny – If you disagree with the claims, plead “not guilty.” This means the case will go to a fact-finding hearing.
3. Negotiate – Many cases get resolved through negotiations between the lawyers. For example, you might agree to counseling in exchange for the charges being dropped.

If the allegations are severe, the judge may issue a temporary order of protection. This restricts your contact with the petitioner until the case is resolved. Make sure you understand and follow the temporary order – violating it can land you in jail.

Preparing Your Defense

If you deny the allegations, the case will head to a fact-finding hearing. This is like a mini trial in front of a judge. The petitioner has to prove their claims of abuse by a “preponderance of the evidence.” This means the judge has to believe there’s a 51% chance their version is true.

Start preparing your defense by going through the specific claims made in the petition. Make notes about what is true, false, or exaggerated. Gather any evidence that helps disprove their story like:

• Text messages and emails
• Photos
• Videos from security cameras or cell phones
• Receipts proving your whereabouts
• Statements from witnesses

Your lawyer can subpoena records like police reports, medical documents, and CPS files. They’ll also interview witnesses and help you put together the strongest case possible.

The Fact-Finding Hearing

This is your main chance to tell the judge your side of the story. The hearing is run like a trial. Both sides make opening statements summarizing their positions. Then the petitioner presents their evidence and witnesses. Your lawyer gets to cross-examine them.

Next, you get to testify and call your own witnesses. The petitioner’s lawyer will cross-examine you. Stick to the facts and try to stay calm – losing your temper won’t help. Your lawyer will make closing arguments explaining why the charges are false.

The hearing can take a few hours or even multiple days. It all depends on the complexity of the case. If the judge decides the petitioner failed to prove their claims, the whole case gets thrown out and the order of protection is denied.

If the Charges are Proven

If the judge rules the petitioner’s allegations were proven, then you move to the dispositional phase. This is when the court decides what protections or punishments to impose.

The judge has lots of options like:

• Issuing a final order of protection for up to 5 years
• Requiring you to pay the petitioner’s legal fees
• Mandating counseling or anger management classes
• Ordering you to pay restitution for medical bills or property damage
• Putting you on probation for up to a year

The order of protection can force you to:

• Stay away from the petitioner’s home and workplace
• Only visit your children at specific times and places
• Turn over any guns you own
• Pay child support or spousal support

Make sure you understand the final order issued by the court. Never contact the petitioner or go near places you’ve been banned from. Any violation can land you behind bars.

Appealing the Decision

If you lose at the fact-finding stage, you can file an appeal. You’ll have to argue the judge made an error in how they handled the case or weighed the evidence. Appeals have strict deadlines and complex procedures. Your lawyer can explain if this option makes sense.

Defending Against False Allegations

Unfortunately, people sometimes use family offense petitions as tools in custody battles or for revenge. If your ex makes up false claims because they’re angry, it can be incredibly frustrating.

The good news is judges are aware these petitions can be misused. With the help of your attorney, you may be able to get the case thrown out early. Depositions and witness interviews can reveal inconsistencies in the petitioner’s story. Text messages and emails can prove your innocence.

Stay calm and know that the truth will eventually come out. Don’t let false allegations push you into doing something rash. Follow the court’s orders exactly. With an experienced lawyer on your side, you can beat fabricated charges.

Take Petitions Seriously

While some petitions are unfounded, others raise very real concerns about abuse. Make sure you take any allegations seriously and get help if you need to change your behavior. Anger management classes, counseling, parenting classes, or substance abuse treatment can help you become a better, less violent partner and parent.

Family offense cases can be complicated and emotional. Don’t go through it alone. Hire an experienced attorney to guide you through the process. With the right legal advice, you can get false charges dropped or learn from valid allegations. Either way, you’ll come out the other side of this stronger and wiser.