If you’re facing abuse, threats, or harassment from a current or former partner or family member, the law offers protection, and you don’t have to face it alone. As an experienced Syracuse family law attorney, I represent individuals in Family Offense proceedings across Central New York, helping clients obtain, or defend against, Orders of Protection with discretion, urgency, and care.

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What Constitutes a Family Offense in New York?​

A “family offense” refers to certain criminal acts committed between people who are related by blood or marriage, have a child together, or are (or were) in an intimate relationship. Family offenses include:

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• Disorderly conduct

• Unlawful dissemination or publication of an intimate image

• Harassment

• Aggravated harassment

• Sexual misconduct

• Forcible touching

• Sexual abuse

• Menacing

• Reckless endangerment

• Criminal obstruction of breathing or blood circulation

• Strangulation

• Assault or attempted assault

• Stalking

• Criminal mischief

• Identity theft

• Grand larceny

• Coercion

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These cases are brought in Family Court through a civil process, separate from criminal charges, and can lead to a legally binding Order of Protection.​

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To learn more please visit out blog post titled Understanding Family Offenses in New York State

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Orders of Protection

An Order of Protection is a court order designed to help keep someone safe from abuse, threats, harassment, or violence by a family member or intimate partner. It places legally enforceable restrictions on the person accused of harmful behavior to protect the person seeking help. An Order of Protection can:

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• Order the offending party to stay away from you, your home, job, or children

• Prohibit all communication or limit it to certain topics (like parenting time)

• Require the surrender of firearms

• Grant temporary custody or exclusive use of the home

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Who Can File a Family Offense?​

In New York, a person can file a family offense petition in Family Court if they have a specific qualifying relationship with the alleged offender. Qualifying individuals include:

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• Persons related by consanguinity (blood) or affinity (marriage/in-law relationships).

• Persons legally married or formerly married, regardless of current residence.

• Persons with a child in common, regardless of whether they ever lived together.

• Persons who are, or have been, in an "intimate relationship" (including dating relationships, but not casual acquaintances or business/social contacts

• A parent on behalf of their child against another family member

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What is IDV Court?​

In New York, Integrated Domestic Violence (IDV) Courts are specialized Supreme Court Parts designed to streamline legal proceedings for families facing domestic violence issues. Unlike the traditional court system, where victims and families may need to appear before multiple judges across criminal, family, and matrimonial courts, IDV Courts follow a "one family, one judge" model. This means a single judge handles all related cases, such as criminal domestic violence charges, custody, visitation, divorce, and orders of protection involving the same family.

 

The goal of IDV Courts is to promote victim safety, ensure offender accountability, and reduce the burden on families by minimizing court appearances and ensuring consistent judicial decisions. Cases typically qualify for IDV Court if they involve domestic violence and other related matters such as criminal, family, or matrimonial within the same county.

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Defending Against a Family Offense Petition

Being falsely accused of a family offense, such as harassment, assault, or stalking, can be terrifying and overwhelming. These allegations often arise in the context of contentious divorces, custody battles, or breakups, and they carry serious consequences. In New York State, even a temporary order of protection can impact your parental rights, where you live, and your reputation. If you’ve been falsely accused, here are the steps you need to take immediately to protect yourself.

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Take the Accusation Seriously​

Even if the allegations are completely false, the court will not treat them lightly. A family offense petition filed in Family Court can result in an order of protection being issued against you. That can restrict where you can go, who you can contact, and in some cases, even remove you from your home. Don’t ignore it. Take swift action.

 

Hire an Experienced Family Law Attorney​

You need legal representation immediately. A skilled family law attorney can assess the allegations, advise you on what to say (and what not to say), gather evidence, and represent you in court. Family offense proceedings can move quickly, and showing up without an attorney puts you at a serious disadvantage.

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Follow the Order of Protection, Even If It’s Unfair​

If the court issues a temporary order of protection (TOP), you must follow it, even if the claims are false. Violating the order can result in criminal charges. That means no contact, direct or indirect, with the petitioner (the person who filed the complaint), and no showing up at shared places like your home or child’s school if prohibited. Let your attorney fight the order in court.

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Gather Evidence​

Document everything. This can include:

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• Text messages, emails, and social media communications.

• Witnesses who can vouch for your character or confirm your version of events.

• Phone records, GPS logs, or security footage if they help disprove the allegations.

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Your lawyer can use this evidence to challenge the credibility of the accuser and establish your innocence.

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Be Careful What You Say and Do​​

Don’t respond emotionally or lash out at your accuser, especially in texts or online. Assume that everything you say or do will be used against you. Avoid posting about the situation on social media. Stick to communicating with your attorney, and let them handle all interactions related to the case.

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Prepare for the Hearing​

In Family Court, the accuser will need to prove the allegations by a “preponderance of the evidence.” This is a lower standard than in criminal court. Your attorney will help you prepare to testify and present your side of the story. If children are involved, the court will weigh how the accusations and the parties’ behavior affect the children’s best interests.

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Understand the Potential Consequences​​

If the court finds that you committed a family offense, a final order of protection can be issued for up to two years (or longer in aggravated cases). That can affect:

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• Custody and visitation arrangements

• Firearm rights

• Your ability to return to your home

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Even if you’re cleared, the accusation may come up again in custody or divorce proceedings, so handling it properly from the start is key.

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For more information please see our blog post regarding What to Do If You Are Falsely Accused of a Family Offense in New York.

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Contact Us Today​​

If you need legal help filing or responding to a family offense petition, contact my office today for a confidential consultation with an experienced Syracuse family law attorney.​​

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For more details on some of the most commonly asked questions regarding family offense matters in New York State please visit our Frequently Asked Questions Page

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.