What You Need to Know When Charged with a Family Offense in New York
Being charged with a family offense in New York City is a serious matter that can have lasting legal and personal consequences. “Family offense” is a term used in the context of family law. It refers to a number of behaviors that could be referred to as “domestic violence” outside of this context. Whether the allegations involve harassment, assault, stalking, or another domestic-related charge, it’s crucial to understand your rights and the legal process ahead.
What Is a Family Offense in New York?
In New York, family offenses involve acts committed against a family member, household member, or intimate partner. The petitioner must prove that the respondent actually committed the act, not just that they are afraid of something the respondent may do in the future.
Disorderly conduct
Unlawful dissemination or publication of an intimate image
Harassment
Aggravated harassment
Sexual misconduct
Forcible touching
Sexual abuse
Menacing
Reckless endangerment
Criminal obstruction of breathing or blood circulation
Strangulation
Assault or attempted assault
Stalking
Criminal mischief
Identity theft
Grand larceny
Coercion
What constitutes “family” in New York State family offense petitions?
For the purpose of filing a family offense petition, "family members" are defined as individuals related by blood or marriage, individuals who were formerly married, or individuals who are unrelated but have a child together; and individuals who are unrelated who are or have been in an intimate relationship.
Will a judge issue an order of protection in a family offense proceeding?
If the judge finds that there is "good cause", he or she may issue a temporary order of protection (TOP). The temporary order of protection usually lasts until the date the respondent is scheduled to appear in court and restricts contact with the petitioner.
After the first court date, the judge can issue another order of protection, which can be full or limited. As you can imagine, a full OP will restrict any contact with the petitioner - texts, phone calls, emails, etc. A limited OP allows for “normal” contact, but if either party harasses, threatens, or assaults the other, they can be charged with violating the order.
It is important to discuss any orders of protection issued against you with your attorney. It is a crime to violate an order of protection, even if you claim that you didn’t understand the order or were confused about the contact that’s allowed.
Criminal vs. Family Court Proceedings
A family offense case can be addressed in two ways: Criminal Court, Family Court, or both.
.In Family Court, the judge can issue an order of protection, among other remedies, as well as determine temporary custody and visitation of any children who may be involved. The standard of proof is lower than in criminal cases.
In Criminal Court, the judge can impose more severe sentences, including jail time. In addition, a family offense is considered a criminal act in Criminal Court, which means that the prosecutor can move ahead with a case without the consent or cooperation of the petitioner or abused individual. The standard of proof in Criminal Court is “beyond a reasonable doubt.”
In both courts, respondents have the right to an attorney. Petitioners have the right to an attorney in Family Court. In Criminal Court, the assistant district attorney represents the petitioners.
What can I expect when in Family Court for a family offense petition?
As a respondent in a family offense proceeding, you’re entitled to an attorney for all of your Family Court hearing dates.
These proceedings usually begin with an initial court appearance. These initial appearances are usually fairly short, lasting only a few minutes. It’s important to show up on time and appropriately dressed, and to listen to your attorney’s advice during all court appearances.
During this initial appearance, the judge may ask about procedural matters related to the case and future proceedings. They will usually ask if the respondent has legal counsel and has been served the petition. The judge will also check in on whether or not there is a need to file custody, visitation, or child support petitions in relation to this case. This initial appearance will not be a trial to determine whether or not a respondent is guilty; all of that comes later on. At the end of this initial appearance, the judge will usually set a pre-trial court date.
In the interim between this initial appearance and the next court date, the attorneys may try to negotiate to resolve the case without having to go to trial. Sometimes there are several pre-trial dates set while the attorneys work on the case. If the petitioner and respondent are not able to settle the case without a trial, the trial date will be set in Family Court.
Trials in Family Court proceedings may be spread out among several court appearances. If the case is a domestic violence situation with only the petitioner and respondent testifying, it may take less time for a trial. If there are lots of other witnesses, it may take longer.
How Tracy and Tracy Can Help
Our experienced attorneys understand the complexities of family offense cases. Victoria Tracy has many years of experience in New York City’s Family Court system, where she regularly handled family offense cases as an assistant county attorney. Brendan Tracy has extensive experience in New York City’s criminal courts.
We will:
Assess the evidence and build a strong defense
Advocate for reduced charges or case dismissal
Protect your rights in both criminal and Family Court proceedings
If you’ve been charged with a family offense in NYC, don’t face it alone. Contact Tracy and Tracy Law Firm today for a free and confidential consultation.