Family Offenses and Orders of Protection
Attorney for Victims of Family Violence in Westchester County
A family offense is any crime committed by a blood relative or someone with whom you’ve shared an “intimate relationship.” This could be your spouse, ex-spouse, or someone with whom you share a child. The most common types of family offenses are disorderly conduct, harassment, assault, stalking, criminal mischief, and sexual misconduct.
At Riebling & Payton, PLLC, we understand the fraught nature of what you are up against in NY courts. These situations are overwhelming, and we’ll make sure to ease the stress you may have with the one-on-one attention you need and deserve. We have handled numerous cases with success, and will provide you with the necessary legal counsel to not only give you the guidance you need, but the honest and compassionate feedback you deserve.
If you need help responding to a family offense issue in Westchester County, contact us online to speak with an attorney about your case.
Taking Your Case to Family Court
The Family Court Act is a statue outlining how someone can pursue a Family Offense proceeding, also known as an Order of Protection. In New York, victims of a family-related offense can file a Family Offense Petition through the court. This petition asks the court to file an Order of Protection, which prohibits the person against whom the order is issued. Orders of Protection can be obtained in both criminal and family court depending on the circumstances and facts of the case.
In a Criminal Court Order of Protection, the Assistant District Attorney can request a court order of protection on your behalf. In this case, you don’t need to have an “intimate relationship” with the person charged for the offense. Ultimately, the judge will decide if an Order of Protection will be issued.
There are several types of Orders of Protection:
- Temporary Order of Protection: As the case remains open, the court may issue a temporary Order of Protection, which holds an expiration date prior to the case becoming closed and may be renewed if the case continues.
- Permanent Order of Protection: When the case has ended and results in conviction, a permanent Order of Protection will be issued that can last up to five years depending on the circumstances of your case.
- Full Order of Protection: When a person is subjected to a full Order of Protection, they must stay away from you and your school or work, and they must refrain from engaging in any type of abuse or harassment towards you.
- Limited Order of Protection: A limited Order of Protection allows for minimal contact between the aggressor and victim. The person facing charges must also refrain from engaging in any type of abuse or harassment towards the victim.
If an Order of Protection is filed, the respondent may be required to:
- Pay any legal fees owed to the petitioner
- Stay away from the petitioner and child involved
- Pay any medical bills that resulted from the abuse
- Refrain from committing any more offenses that could endanger other family members
- Remove personal items at shared residence with petitioner
Get an Experienced Attorney on Your Side
In all cases, you have the right to an attorney. At Riebling & Payton, PLLC you can rely on our seasoned attorney to help you seek the protection and rights you need. If you or a loved one have been involved in a family offense, consult with us right away so we can start on any necessary actions to begin your case.
Schedule your case evaluation with our firm today. Dial (914) 712-6878 now!