At a family offense petition hearing in New York, the petitioner (the person who filed the petition) must prove by a preponderance of the evidence that a family offense has occurred.
"Preponderance of the evidence" means that it is more likely than not that the alleged offense occurred.
The petitioner will need to present evidence to support their allegations, which may include witness testimony, medical records, photographs, police reports, or other documentation. The respondent (the person against whom the petition was filed) will have an opportunity to respond to the allegations and present their own evidence.
The court will consider all of the evidence presented and make a determination as to whether a family offense has occurred. If the court finds that a family offense has occurred, it may issue an order of protection, which can include restrictions on the respondent's behavior, such as prohibiting them from contacting or coming near the petitioner, or requiring them to attend counseling or other programs.
It's important to note that a family offense petition hearing can be a complex legal process, and the experienced attorneys at Capetola & Divins, P.C. are here to help guide you through the process.