What is a Family Offense Petition?
In New York, a Family Offense Petition is a legal document that can be filed in family court by an individual who has been a victim of domestic violence, or by someone on their behalf, such as a family member, friend, or police officer. The purpose of the petition is to seek an order of protection, which is a court order that can prohibit the accused individual from engaging in certain behaviors or contacting the petitioner.
The Family Offense Petition can be filed against a family member or someone with whom the petitioner has an intimate relationship, such as a spouse, former spouse, or domestic partner. The petition can allege a variety of offenses, including but not limited to assault, harassment, stalking, and sexual abuse.
Once a Family Offense Petition is filed, the court will schedule a hearing to determine whether the allegations are true and whether an order of protection is necessary. If the court finds that an order of protection is necessary, it may issue a temporary order of protection until the final hearing.
It's important to note that a Family Offense Petition is a serious legal matter, and anyone who is considering filing one should consult with an attorney, such as the experienced attorneys at Capetola & Divins, P.C., to discuss their options and ensure their safety.