What to Do If You Are Falsely Accused of a Family Offense in New York

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.

1. 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.

2. 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.

3. 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.

4. Gather Evidence

Document everything. This can include:

• 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.

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

5. 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.

6. 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.

7. 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:

• Custody and visitation arrangements

• Firearm rights

• Your ability to return to your home

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.

Contact a Syracuse Family Offense Attorney Today

False family offense accusations can have long-lasting effects, but you don’t have to navigate it alone. If you’ve been accused of a family offense in New York State and you know the allegations are not true, the most important step you can take is to act quickly and contact an experienced Syracuse family law attorney who can protect your rights and reputation.

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.