Experienced and Compassionate Family Offense Attorneys in New York City
Domestic abuse is widespread and harmful, but our legal team knows what legal action to protect you and your family. Domestic abuse or criminal conduct in the home can be considered a family offense in New York City. Harassment, assault, sexual abuse, disorderly conduct, threatening, stalking, endangerment, and criminal contempt are examples of such offenses. It is crucial to remember that this individual does not have to be married or related to the individual who is the victim of domestic abuse for a family offense to occur.
Domestic abuse can affect unmarried couples with children, people in loving relationships, or people who live together. Because family and criminal courts have concurrent jurisdiction, these actions can result in significant penalties and jail time.
Having an advocate on your side might make taking the following measures to extricate yourself and your family member from the situation simpler.
Family Offense Petitions
An individual can file a Family Offense Petition in family court if they have been physically abused or threatened with violence. The individual must include the offender’s name as well as key facts concerning the alleged mistreatment. These are deemed urgent concerns, and the petitioner may be allowed to appear in court right away. The offender is usually not present in court at the emergency hearing. A judge will determine whether a temporary order of protection should be issued, and then establish a hearing date. The offender then gets the opportunity to provide their side of the story and defend themselves in court during this hearing. Following the hearing, the judge will determine whether or not to issue a permanent injunction.
Specific sorts of protection might be requested based on the allegations made by the individual. For example, if the offender threatened violence, the petitioner may seek an order barring the respondent from entering their home. A New York City lawyer who is familiar with the procedure of submitting these petitions can assist someone with their family crime case.
Court Response to Family Offenses
Following the hearing, the court will hear both parties’ testimonies. If the claims are not substantiated, the case will be dismissed, and the interim injunction will be revoked. If the allegations are substantiated, the court may issue a final order of protection that includes a wide range of remedies according to the specific incidents of the case. The respondent may be required by the conditions of these protective orders to:
- Stay away from the individual as well as any shared children.
- Stay away from the individual’s school, house, or workplace.
- Move out and remove dangerous items from the house (i.e., firearms)
- Reimburse for any medical bills or property damage.
Why Choose Tully Rinckey?
If you or your children have been a victim of domestic abuse, or have been accused of any type of action, it is crucial to act fast, for both your family’s sake and your own.
Our team of attorneys has assisted many families with their specific family law matters; so, you can rest assured that we have seen cases similar to yours and can give you the guidance needed to realize your goals.
Our attorneys have practiced in many of New York City’s Family Courts, including those in the five boroughs—Manhattan, the Bronx, Brooklyn, Queens, Staten Island—, and both counties in Long Island—Nassau and Suffolk—, and Hudson Valley. With a team of attorneys located across New York State and access to online consultations and booking, we can assist you at any time and bill at lower rates than competing firms.