Family Offense Petitions and Orders of Protection
Seeking or defending against a Family Offense petition seeking order of protection from a New York Family Court is a very serious matter. For those seeking an order of protection, it is necessary to set forth the necessary facts in the Family Court petition in order to convince the Court to issue the protection being sought. For those defending against a Family Court petition seeking order of protection it can often be felt as though the reason the order is being sought is not for protection but to pressure a party involved in a divorce, custody or visitation case, or some other reason other than protection.
If you are seeking or defending against a Family Court petition which seeks an order of protection, it is important that you have an experienced and aggressive Family Court lawyer, who knows the laws and will fight to protect your rights and liberty. The skilled family law attorneys of Proto, Sachs & Brown, LLP have successfully represented hundreds of people throughout the courts in Westchester, Orange, Putnam, Dutchess, Rockland and Bronx Counties dealing with orders of protection.
In matters involving family offenses and orders of protection, the Family Court is only allowed to hear and decide those cases and issues that relate to specific charges or allegations. As defined by the criminal laws, those charges and allegations include:
1. Acts of disorderly conduct;
2. Harassment in the first degree;
3. Harassment in the second degree;
4. Aggravated harassment in the second degree;
5. Menacing in the second degree;
6. Menacing in the third degree
7. Reckless endangerment;
8. Assault in the second degree; and
9. Assault in the third degree.
Successful Defense of a Family Offense Petition in Orange County
A person facing allegations of harassment and having to live with an order of protection that kept her away from her home and children turned to the experienced Family Law attorneys of Proto, Sachs & Brown, LLP to protect her rights and reunite her with her family.
At trial, not only were the specific allegations of the petition attacked and questioned, but there were significant legal issues raised concerning the jurisdiction of the Court and the relationship between the parties. Ultimately, the petition was withdrawn and the temporary order of protection was lifted by the Court, allowing the client to resume her normal life without restrictions.