Domestic Violence Attorneys in Westchester County

Help from Our New York Family Offense Lawyers

At Proto, Sachs & Brown, LLP, our attorneys have decades of experience in Family Court handling a wide range of family offense and custody cases. We work diligently to protect your rights and advocate for your interests. Call our office for a free consultation. 

Contact our law firm for more information about how our experienced family offense lawyers can help with your case. Contact us online or by telephone at (914) 840-5104.

The Family Offense Petition

While the District Attorney prosecutes underlying crimes (like Assault or Harassment) in Criminal Court, the Westchester County Family Court handles the civil side of domestic violence through the Family Offense Petition. The burden of proof is lower in Family Court, making it a critical arena for securing or fighting an Order of Protection.

A family offense petition is a document you file in New York State Family Court when seeking protection from domestic violence. The person who files is the Petitioner, while the party responding to the petition is known as the Respondent.

There is a requirement that the Petitioner and the Respondent have a familiar or intimate relationship. This includes the following:

The main purpose of a family offense petition is to obtain an Order of Protection from a Family Court Judge.

Allegations in a Family Offense Petition

To create a legally sufficient petition, it must include allegations that meet the definition of a "Family Offense" under New York law.

These allegations generally include any behavior consisting of the following:

If the petition does not meet the required legal standards, the Family Court Judge will deny an Order of Protection and dismiss the petition. Working with a family law attorney skilled in handling family offense petitions can help you avoid having your case dismissed. Legal guidance ensures the petition addresses necessary requirements and stands up in court.

A White Plains divorce attorney may also request to amend the family offense petition during court proceedings for legal sufficiency. The Petitioner must take responsibility for prosecuting the petition in Family Court, while the Respondent has the right to defend against the allegations made.

The Order of Protection

An Order of Protection is a judicial order directing a person to stay away from the protected party, avoid communication, refrain from criminal acts against the protected party, or surrender any weapons to local police. Some or all of these provisions may be included in an Order of Protection. The Respondent must receive a properly served copy for it to be enforceable.

The OP is the most significant consequence of a DV allegation in a divorce or custody case.

• Exclusion from Home (Vacate Order): A TOP (Temporary Order of Protection) often includes a provision requiring the person accused to vacate the home, regardless of who holds the deed or pays the mortgage. This exclusion order can last for years if a Final OP is granted.
• Restricted Child Contact: The OP frequently restricts or eliminates contact with the children, often granting temporary custody to the petitioner. Even a Limited Order may require supervised visitation, effectively damaging the parental relationship.
• Civil Contempt: Violating any condition of the OP—including communication through a third party or returning home to retrieve belongings—can result in arrest and prosecution for Criminal Contempt.

Our firm focuses immediately on challenging the underlying facts of the Family Offense Petition to prevent a Final OP from being issued.

Violations of the Order of Protection

Any violation of an Order of Protection will result in legal consequences in the New York Family Court or Criminal Court. A violation may trigger an immediate court appearance, and local law enforcement—including town and village police departments—may conduct prompt investigations and detain the Respondent if needed.

Settlement of a Family Offense Petition

During the family offense process, the Petitioner and Respondent can reach an agreement—or settlement—regarding the family offense. A settlement often determines fault, the length of the Order of Protection, and the detailed terms of the order.

Settlement discussions in Westchester often involve consultation between attorneys and direction from the Family Court Judge. The court may also consider resources provided by local agencies such as the Westchester County Department of Social Services. These services help parties reach common ground, reduce conflict, and support the needs of affected children or family members.

The Trial of a Family Offense Petition

As explained above, the Petitioner prosecutes the family offense petition. This includes presenting evidence such as witnesses, medical records, police reports, photographs, recordings, written statements, and damaged items. The Petitioner can request subpoenas for important information or evidence. The burden of proof is by a preponderance of the evidence.

The Respondent may also present their own evidence in the Family Court to defend against the family offense petition.

The Judge's Decision

Judges in Westchester County have experience with a wide range of family law matters, including those from jurisdictions like Yonkers and Mount Vernon. A judge’s approach reflects both state law and local practice in Westchester. Legal counsel familiar with the region can help you prepare for a judge’s questions or preferences. In complex cases, judges may also weigh reports or recommendations from local family services when determining an outcome for the parties involved.

Get the Help of a Qualified and Experienced Lawyer—Free Initial Consultation

You need an attorney because an Order of Protection can have long-lasting effects on both Petitioners and Respondents. The outcome of a family offense petition can also affect any custody or child support case.

Most family offense petitions come with a custody petition as well. An experienced family law attorney can guide you through the process and help protect your rights in court. Never walk into a courtroom without representation.

As part of our commitment to providing quality representation to all of our clients—new, existing, or returning—our Westchester County family offense lawyers offer free initial legal consultations.