Family Offense Lawyers in Saratoga Springs, NY

Family Offense Lawyer In Saratoga Springs, NY
WhitsonLaw PLLC

Understanding Family Offense Cases in Saratoga Springs

What Constitutes a Family Offense in NY?

In New York, a family offense is defined as a specific category of offenses listed under the Family Court Act 812. These offenses include disorderly conduct, attempted assault, aggravated harassment, stalking, sexual misconduct, forcible touching, sexual abuse, criminal mischief, menacing, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation, assault, attempted assault, identity theft, grand larceny, and coercion.

Unlike criminal court cases, family offense cases do not require the accused to be charged by the police first. Instead, a victim can file their charges with the family court through a family offense petition. This allows victims to have control over the legal process and seek the protection they need.

The Importance of Legal Representation in Family Offense Cases

Having a skilled family offense attorneys are crucial in family offense cases due to the serious consequences involved. Family offense cases can result in orders of protection, custody battles, and other legal battles that can greatly impact the lives of all parties involved.

A family offense lawyers can provide the necessary guidance and support throughout the legal process. They can help navigate the complexities of the Family Court Act and ensure that your rights and interests are protected. Additionally, a family offense lawyers can gather evidence, interview witnesses, and build a strong defense strategy to counter the allegations made against you. It's important to remember that in family offense cases, the burden of proof is on the petitioner to prove their allegations by a preponderance of the evidence.

The Process of Filing a Family Offense Petition

What to Expect After Filing a Family Offense Petition

Initial court appearance

Both parties will be summoned to appear in Family Court for an initial hearing. This is an opportunity for the judge to hear both sides and determine the next steps.

Fact-finding hearing

If the allegations are disputed, a fact-finding hearing will be scheduled. This is a trial-like proceeding where both parties present evidence and witnesses to support their claims.

Dispositional hearing

If the court finds that a family offense has occurred, a dispositional hearing will be scheduled. This is when the court determines the appropriate order of protection or other remedies.

Temporary and Final Orders of Protection


How to Obtain a Final Order of Protection and Its Implications

Domestic Violence Family Law Attorney

Legal Remedies and Support for Victims of Family Offenses

WhitsonLaw PLLC

Why Choose WhitsonLaw PLLC for Your Family Offense Case?