Family Offense

A "family offense" is a category of conduct defined under Article 8 of the New York Family Court Act, covering acts between spouses, former spouses, intimate partners, or people who share a child that would otherwise constitute a crime under the New York Penal Law. Common examples include assault, harassment, aggravated harassment, menacing, strangulation, and unlawful imprisonment.

Unlike a purely criminal matter, a family offense petition is filed in Family Court, which is specifically designed to address the ongoing relationship. Upon filing, a Judge can issue a Temporary Order of Protection immediately, before any full hearing takes place. The evidentiary standard at a hearing is a preponderance of the evidence and if the court sustains the petition, it can issue a final Order of Protection.

A sustained family offense finding can also carry significant weight in a divorce or custody proceeding, as courts are required to consider domestic violence when determining parenting arrangements.