Family Offense – FAQs

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:

• 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

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

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

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:

• 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

For more information, please see our blog post titled What is an Order of Protection in New York State?

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:

• 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

For more information, please see our blog post titled Who Can File a Family Offense Petition in New York State?

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 related matters such as criminal, family, or matrimonial within the same county.

For more information, please see our blog post titled What is Integrated Domestic Violence (IDV) Court? A Guide for New York Families

Family court orders in New York State are legally binding directives issued by a judge to protect the rights and responsibilities of individuals involved in family law matters. A violation occurs when a party disobeys any part of a court-issued order of protection. A violation occurs when a person disobeys any of the provisions outlined in the Order of Protection. This can include, but is not limited to:

• Contacting or attempting to contact the protected person through phone calls, texts, social media, or in person.
• Coming within a specified distance of the protected person, their home, workplace, or school.
• Possessing firearms or other weapons is prohibited by the order.
• Harassing, threatening, or intimidating the protected person or their family members.

Failing to comply with a family court order can have serious consequences, such as being held in civil or criminal contempt, or having to pay the other party’s legal fees, being arrested and/or charged criminally, and being subjected to fines or imprisonment.

For more information, please see our blog post titled What Are the Consequences of Violating a New York State Family Court Order?

Family offense proceedings filed in Family Court are not public in the same way as criminal court proceedings. However:

• If a related criminal case is filed in a criminal court (such as a local criminal court or the Supreme Court), those criminal court records may be public.
• Orders of protection issued in criminal court are part of the public criminal record.
• Family Court orders remain within the Family Court file and are not broadly accessible.

For more information, please see our blog post titled Are Family Court Records Public in New York State?

Whether an Order of Protection appears on a background check depends on the type of case:

• Criminal Court Orders of Protection: These are tied to an arrest and will typically appear on criminal background checks.
• Family Court Orders of Protection: These are civil in nature. They do not create a criminal record. However:
  • They may appear in court record searches.
  • They may be visible in certain government or law enforcement database searches.
  • If violated, the resulting criminal charge will appear on a criminal background check.

Employers conducting comprehensive screening, particularly for positions involving children, firearms, security clearance, or professional licensing, may uncover the existence of an order.

For more information, please see our blog post titled What Are the Consequences of an Order of Protection in New York?

Professionals licensed by state agencies (lawyers, doctors, nurses, teachers, financial advisors, etc.) may face scrutiny. Certain licensing boards require disclosure of:

• Pending criminal matters
• Orders of Protection
• Allegations involving domestic violence

Even in the absence of a conviction, the existence of an order can trigger an investigation.

For more information, please see our blog post titled What Are the Consequences of an Order of Protection in New York?

If an Order of Protection includes a firearm surrender provision, it can affect:

• Law enforcement officers
• Military personnel
• Security professionals
• Anyone whose employment requires firearm possession

For more information, please see our blog post titled What Are the Consequences of an Order of Protection in New York?

An Order of Protection does not automatically prevent domestic travel within the United States. However:

• Stay-away provisions may limit where you can go.
• Violating geographic restrictions, even unintentionally, can result in arrest.

International travel can be impacted depending on circumstances:

• If the order arises from a criminal case, passport applications or renewals may be affected.
• Some countries may deny entry to individuals with pending criminal charges.
• If a violation warrant is issued, you may be detained upon return to the U.S.

For more information, please see our blog post titled What Are the Consequences of an Order of Protection in New York?

For more details on family offense matters, please visit our Family Offense page or contact us today for a confidential consultation to discuss your case. If you find yourself falsely accused of a family offense, please see our blog post titled What to Do If You Are Falsely Accused of a Family Offense in New York