How to Recognize a Family Offense

A family offense involves a crime committed by the perpetrator against a relative or another person with whom he/she has an intimate relationship with. The perpetrator may or may not have been married to the victim of this crime. Other than that, the perpetrator may or may not have a child with the victim. Some of the crimes defined statutorily as a family offense are stalking, assault, disorderly conduct, menacing, harassment, etc. 

Aggravated Family Offense

An aggravated family offense involves someone committing specific misdemeanors in a five-year period of being convicted of another misdemeanor. This offense is a Class E felony that was made into law in 2012. The purpose of this offense being made into a Class E felony is to limit offenders’ repeat misdemeanor domestic violence. Before this was made into law, those offenders with misdemeanors could coast through the legal system without a real penalty.

Now, such offenders could be convicted and face state prison sentences and felony charges. Furthermore, judges may take into consideration any protection order violations and firearm possession or use history when it comes to new bail provisions. 

When a family offense occurs, the victim may request an order of protection which can be issued by the family court or a criminal court. This could be a limited order of protection (referred to as a “refrain”), or a full order of protection (referred to as a “stay away”).  A full order of protection requires the family offense perpetrator to stay away from the victim, aka the Petitioner in the Court”. The perpetrator must also refrain from any communication with the victim, including text messages, phone calls, Facebook contact, emails, and more. 

A limited order of protection allows the perpetrator to contact the petitioner. However, he/she must not engage in any more criminal activity toward the victim (petitioner). 

The judge will see the petitioner if this person goes to the family court or criminal court to file a family offense petition, and requests immediate (“ex parte”) relief. Upon hearing the petitioner, the judge decides whether the allegations warrant immediate relief.  If so, the judge will issue a temporary order of protection, which will be served upon the respondent who will be required to appear in court within a few days.   

Upon the scheduled return date of the petition, the respondent may appear and respond to the petition’s allegation. The next step will be to resolve the case or proceed to trial. 

How an Attorney Can Help

With an attorney working for you, they will help you understand the whole process of filing paperwork, proceedings, and any possible litigation process. You will have an attorney working hard to ensure they file all required paperwork, meet strict deadlines, and properly attend to any needs and representation. They will also work with making a fair arrangement with you and your ex. 

It is imperative to have a reliable attorney working on your behalf. It is easy to omit important information necessary to obtain the relief requested from the court, or to miss a deadline for filing. If any one of these incidents occurs, you may look at more costs and have a case that takes longer to resolve. 

For More Information

For more information about the family offense and your rights and protection, contact Fass & Greenberg today. Located in Garden City, NY, these attorneys have advanced expertise in litigating, mediating, drafting agreements, and more to help you and your current situation. 

As separation attorneys Garden City NY, they can assist you with Order of Protection paperwork, agreements, child custody, visitation, and more. With over 35 years of being Garden City divorce attorneys, they can work wonders with litigating parties. So, with these traits and more, they are amazing divorce attorneys.

And when it comes to taking legal action, these litigation attorneys Garden City will use every necessary measure when taking your case to family court. The Family Lawyer Garden City NY will guide you step-by-step on whether you are the respondent or petitioner, and whether you go to trial or settle. 

With the family lawyer Garden City, NY, you can’t go wrong. So, contact these Garden City lawyers today!