Family Court Case
What Is A Family Offense?
In New York, a “family offense” is a domestic violence crime which is “prosecuted” in Family Court.
The language within the Family Court Act, which is the statute that governs family law cases in New York, matches the language in the criminal statute. In fact, it merely refers the reader over to the criminal statute. It constitutes a variety of offenses – and each year the list seems to grow bigger.
The most common traditional offenses are assault, menacing, and harassment of various forms. Over the years, it has expanded to include things like identity theft, strangulation, stalking, and reckless endangerment. A “family offense” is only constituted if someone proves their burden at trial that the respondent has committed an actual family offense pursuant to the statute.
Examples Of Family Offenses Under New York Law
The comprehensive list of family offenses includes:
- Disorderly conduct,
- Harassment,
- Aggravated harassment,
- Sexual misconduct,
- Forcible touching,
- Sexual abuse,
- Stalking,
- Criminal mischief,
- Menacing
- Reckless endangerment,
- Criminal obstruction of breathing or blood circulation,
- Strangulation,
- Assault or attempted assault,
- Identity theft, and
- Grand larceny
Additionally, there are varying degrees of each crime. Murder and attempted murder are not included, as the legislature decided that those serious crimes could only be prosecuted in the criminal court.
What Should People Generally Know About Family Offense Cases In New York?
If you’ve been accused of a family offense, make sure the attorney representing you has done numerous family offense petitions and is not the type of attorney who has just dabbled in family court law. Family law is very particular. If the attorney isn’t a specialist, they are not going to be as well versed in that area of the law (as a specialist would be). Make sure to shop around and interview your potential attorneys along those lines.
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