Understanding Family Offenses in New York State

If you’re navigating a challenging family situation, you may have heard the term “family offense” and wondered what it means. As an experienced Syracuse family law attorney representing clients across Central New York State, I you can help understanding what constitutes a family offense if you’re considering legal action to protect yourself or a loved one.

Defining a Family Offense

In New York State, a family offense is a specific type of act, often involving violence, harassment, or intimidation, committed by someone with whom you share a particular relationship. These acts are taken seriously under New York law because they occur within familial or intimate settings, where trust and safety are paramount.

According to New York’s Family Court Act, a family offense includes certain behaviors when committed by:

• A spouse or former spouse

• A parent, child, or sibling

• Someone you share a child with

• A person you’re related to by blood or marriage

• Someone you’re in or were in an intimate relationship with

What Behaviors Qualify as a Family Offense?

New York law outlines specific acts that can be considered family offenses. These include, but are not limited to:

• Assault or attempted assault: Physical violence or attempts to cause bodily harm.

• Harassment: Repeated behaviors meant to annoy, alarm, or intimidate, such as unwanted calls, texts, or threats.

• Stalking: Following or monitoring someone in a way that causes fear for their safety.

• Disorderly conduct: Creating a public disturbance with the intent to intimidate or harass.

• Menacing: Actions that intentionally place someone in fear of physical injury.

• Reckless endangerment: Engaging in conduct that creates a substantial risk of serious injury.

• Strangulation: Choking or restricting someone’s ability to breathe.

• Sexual misconduct or abuse: Any non-consensual sexual act or behavior.

• Coercion: Forcing or threatening someone to do something against their will.

• Criminal mischief: Intentionally damaging someone’s property.

This list isn’t exhaustive, but it highlights the range of behaviors that New York courts recognize as family offenses. If you’re experiencing any of these acts, you may be eligible to seek legal protection.

Legal Remedies for Family Offenses

A family offense can have serious implications, both criminally and in family court proceedings:

• Family Court Orders of Protection: Victims of family offenses can seek protection orders to prevent further harm, including restrictions on contact or residence.

• Impact on Custody and Visitation: Courts consider evidence of family offenses when determining child custody and visitation arrangements. A history of abuse or threats may limit or supervise parental access to children.

• Criminal Charges: Some family offenses, like assault or stalking, may also result in criminal charges under New York Penal Law.

  
  

Contact Us Today

Family offenses can profoundly affect both the adults and children involved. If you are facing allegations of a family offense or are a victim seeking protection, prompt legal guidance can help protect your rights, ensure safety, and safeguard your family’s future. Contact us today for a consultation with an experienced Syracuse family law attorney.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.