Under the New York Family Law, a family offense is a criminal act done by one family-member against another.
The following are considered family offenses (Non-exhaustive list):
- First and second degree harassment/aggravated harassment
- Disorderly conduct
- First and second degree assault
- Criminal mischief
- Second and third degree sexual abuse
- Second and third degree menacing
- Strangulation
- Reckless endangerment
- Identity theft
- Stalking
- Attempted assault
- Grand larceny
- Forcible touching
- Sexual misconduct
- Criminal obstruction of breathing
Although it is considered a criminal violation, the committed offense may not necessarily be heard in criminal court. Depending on the petitioner and the facts of the case, it could go to family court, but still have similar penalties as determined in a criminal court.
Understanding the Legal Proceedings
For the case to proceed, the opposing parties must be “family members,” as defined in the Family Court Act and Penal Law. If both are not considered family members, the only way for the court to issue an order of protection is through criminal prosecution.
The Need for a Competent Family Law Attorney
Being served an order of protection from the court due to a family offense prohibits you from contacting any family member. Although it’s not based on a criminal offense, violating the order can land you in jail.
As a knowledgeable attorney, I can help you understand the underlying offenses related to the order of protection, and fight for you, and protect you from future criminal liability.
Note that in a family offense case, it is important to contact a family law attorney as soon as possible. The more time that passes, the more complicated the process becomes.
So call Olivier E. Roche Esq. and put the accusation behind you. I can help you maintain your rights and move on with your life.
