Who Can File a Family Offense Petition in New York State?

If you're experiencing domestic violence or family-related abuse in New York, understanding your legal options is crucial for protecting yourself and your loved ones. One important legal tool available is the Family Offense Petition, which can provide immediate protection through an order of protection. But who exactly is eligible to file this type of petition? In this post a Syracuse family law attorney provides details.

What Is a Family Offense Petition?

A Family Offense Petition is a legal document filed in Family Court that requests an order of protection against someone who has committed certain offenses against you or your family members. These offenses can include assault, harassment, stalking, disorderly conduct, menacing, reckless endangerment, and strangulation, among others.

Who Is Eligible to File?

Under New York Family Court Act § 812, a Family Offense Petition can be filed by individuals who have specific relationships with the alleged offender. Here's who qualifies:

Current or Former Spouses

If you are currently married to the person who harmed you, or if you were previously married to them, you can file a Family Offense Petition regardless of how long ago the marriage ended.

People with a Child in Common

Parents who share a child together can file a petition against each other, even if they were never married or in a romantic relationship. This applies whether or not you currently have custody or visitation arrangements.

Family Members

You can file a petition against someone who is related to you by blood or marriage. This includes:

• Parents and children

• Siblings

• Grandparents and grandchildren

• In-laws

• Other blood relatives

Current or Former Household Members

If you currently live with the person or have lived with them in the past, you may file a petition. This doesn't require a romantic relationship—roommates or other household arrangements qualify.

People in an Intimate Relationship

Even if you don't live together and aren't married, you can file a petition if you're in an intimate relationship or have been in one. This recognizes that dating partners and those in romantic relationships deserve protection. The court will consider factors such as:

• The nature and length of the relationship

• The frequency of interaction

• Whether the relationship was sexual in nature

Special Considerations for Minors

If the victim is under 18 years old, a parent, guardian, or someone legally responsible for the minor can file the petition on their behalf.

Contact A Syracuse Family Law Attorney 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 free confidential consultation with an experienced Syracuse family law attorney.

For more information on family offenses, please visit our Family Offenses in New York State and Frequently Asked Questions pages

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.