The purpose of a Family Offense petition is to stop the violence and obtain protection.
In order to be eligible to file a Family Offense Petition in Family Court, two factors must be present.
First, the parties must:
- Be related by blood or marriage, or
- Be married or formerly were married, or
- Have a child in common, or
- Currently be in, or have in the past been in, an intimate relationship with each other.
The second factor is that the allegations being made in the petition must only constitute one or more of the following listed crimes and violations:
- Disorderly conduct
- Unlawful dissemination or publication of an intimate image
- Harassment in the first or second degree
- Aggravated harassment in the second degree
- Sexual misconduct
- Forcible touching
- Sexual abuse in the second degree (subdivision 1)
- Stalking in the first, second, third or fourth degree
- Criminal mischief
- Menacing in the second or third degree
- Reckless endangerment
- Criminal obstruction of breathing or blood circulation
- Strangulation in the first or second degree
- Assault in the second or third degree, or attempted assault
- Identity theft in the first, second or third degree
- Grand larceny in the third degree
- Coercion in the second or third degree (subdivision 1, 2 or 3)
Following the filing of a family offense petition, the petitioner (filing party) may immediately obtain a Temporary Order of Protection until the case is heard. A Final Order of Protection can be issued by the court after a fact-finding hearing or upon the consent of the parties. Temporary and Final Orders of Protection may require the respondent to stay away from the petitioner; to refrain from crimes, family offenses, intimidation or threatening behaviors; to refrain from communicating with the petitioner; to refrain from intentionally harming a companion animal; to refrain from remotely controlling connected devices and to relinquish firearms. Violating an Order of Protection may result in the arrest of the violator.
