Article 8 Family Offense Petitions

Family Offense Petitions are found in Article 8 of the Family Court Act. They are designed to protect victims of domestic violence, revenge porn, cyberstalking and harassment, and sexual assault and abuse. Both mental abuse and physical abuse are covered under Family Offense Petitions. Victims are also protected from threats and intimidation, economic abuse and emotional abuse by Article 8.

A Family Offense petition is filed in Family Court and often results in a temporary order of protection. A victim has the right to keep their address confidential from the abuser.

What are the Benefits of Family Court?

New York Family Court has several benefits, but there are two reasons that we recommend victims file family offense petitions.

1. Proceedings are Private

2. Proceedings are Fast

Things happen fast in Family Court. A victim is entitled to immediate relief from the court and does not need to wait for the other side to appear. Most victims see a judge within 24 hours of filing the Family Offense Petition. Conversely, in a civil lawsuit, the other party needs to be served and then has either 20 or 30 days to file an answer.

What is a Family Offense Petition?

 A family offense petition is document filed with the family court that contains the allegations against your abuser. A victim is referred to as the petitioner and the abuser is known as the respondent. The victim and his or her attorney are required to sign the document. The petition contains all of the allegations against the abuser, including the specifics of what harm they caused to the victim.

Often times family offense attorneys include the background of the parties’ relationship and some history so that the court has an understanding of the allegations. While it is not necessary to include every incident that occurred, it helps to strengthen your case.

Who can File for a Family Offense Petition?

Any person who has been in an “intimate relationship” with their abuser can file a family offense petition in New York. The courts consider several facts when deciding what counts as an intimate relationship, including the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship.

A person does not need to be in a sexual relationship with someone for it to be considered intimate. Intimate relationships can exist between family members or even stepchildren and parents. Some other examples of intimate relationships are:

• Married or divorced people.

• People who have children in common, including adopted children.

• Blood relatives, or people related by marriage.

• Roommates.

• Teens or college students who are dating.

• Current or former partners.

The court does not consider a casual acquaintance or ordinary fraternization between two individuals in business or social contexts to be an intimate relationship. This means a casual friend or co-worker is not considered an intimate relationship.

What Offenses are Covered by a Family Offense Petition?

Family Court Act 812 lists (17) different categories of offenses an abuser can be charged with in a Family Offense Petitions. Those include:

• Disorderly conduct

• Unlawful dissemination or publication of an intimate image

• Harassment in the first and second degree,

• Aggravated harassment in the second degree,

• Sexual misconduct, forcible touching,

• Sexual abuse in the third and second degree,

• Stalking in the first, second, third, and fourth degree,

• Criminal mischief,

• Menacing in the second and third degree,

• Reckless endangerment,

• Criminal obstruction of breathing or blood circulation,

• Strangulation in the second and first degree,

• Assault in the second and third degree,

• Attempted assault,

• Identity theft in the first, second, and third degree,

• Grand larceny in the fourth and third degree, and

• Coercion in the second and third degree.

An abuser does not need to be charged first by the police with a crime. A family offense petition allows a victim to file her own charges with the family court.

What is a Temporary Order of Protection?

After a petition is filed, a victim has the option of meeting with a judge or magistrate to request a temporary order of protection. The meeting takes place ex parte, or without the abuser being present. Once the judge reads the petition, they have the option of issuing a temporary order of protection pursuant to Family Court Act Article 842.

A temporary order of protection can direct an abuser:

1. To stay away from a victim’s home, school, business or place of employment;

2. Grant a victim temporary custody or child support;

3. To not commit any other crimes;

4. Not communicate with the victim.

A victim can also ask for special relief in the temporary order of protection, including not to publish any information online.

A temporary order of protection is not binding on an abuser until it is served.

How Do I Obtain a Final Order of Protection?

Once a Family Offense Petition is served on an abuser, the court sets down several court appearances. After the first appearance, a fact-finding hearing pursuant to Family Court Act 832 will be held. At the hearing the parties present their evidence and will testify to the facts contained within the petition. If the court finds that a family offense has occurred, a dispositional hearing will then take place. A final order of protection can then be issued against the respondent.

What Other Remedies are Available to me in Family Court?

The Family Court has the ability to add any additional terms to an order of protection to ensure that the victim is protected. Often times, this includes adding a term to prevent the abuser from sharing images of the victim, sending emails to a person’s work, or publishing false and defamatory websites online about their victim.  

Can I recover my Attorney Fees for filing a Family Offense Petition?

Family Court Act 842 permits a victim to recover attorney fees from their abuser if an order of protection is issued. This means the abuser does not have financial control over their victim and will have the pay them back for the attorney fees that they expend in the action.