This form is an official State of New York Family Court sample form, a detailed Petition - Family Offense. Available for download in Wordperfect, and Adobe pdf formats.
New York Petition (Family Offense)
State:
New York
Control #:
NY-8-2
Format:
Word;
PDF;
Rich Text
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FAQ
If you appear before a judge without a lawyer, and you were already advised to your right to counsel, a Judge could determine that you waived your right to an attorney and try you without counsel. On the other hand, a judge could give you a postponement to get an attorney.
The family court can entertain the suit or proceeding related to the disputes of the property of the parties of the marriage by satisfying two conditions: Such a dispute must have arisen between the parties to the marriage only; Such a dispute must have arisen due to the property of either party.
If a complaining witness does not want an order of protection anymore, his or her recourse is to speak with the DA and defense attorney in criminal cases, or to speak with his or her own attorney (or the judge if he or she is not represented) in family cases.
In New York, a family offense is any criminal act conducted by one family member against another family member, who then files a family offense petition. Although a criminal violation is named in a family offense petition, the matter may not necessarily go to criminal court.
At the end of the case, the court can issue a permanent Order of Protection. It usually lasts one year. In certain circumstances, it can last up to five years.
A New York court can make orders about the child's custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the "best interest of the child." If there is no court order, then both parents have equal rights to physical and legal custody of the child.
The parties in most Family Court proceedings have the right to have a lawyer. You are free to hire a lawyer of your choosing. If your particular case is one where you have the right to a lawyer, but you cannot afford to pay for your own lawyer, then the court will usually assign one to the represent you.
Evidence is heard, which will normally include parties being cross-examined. After having heard the evidence, the judge will decide whether the alleged incidents happened or not.In preparation for a Fact Finding Hearing the person making the allegations will be asked to send a list of the allegations to the court.
If you or your children are subjected to physical abuse, sexual abuse, harassment, violence, threat of kidnapping, stalking, or certain other criminal acts, you can seek an order of protection from the court. Violation of an order of protection by the accused person can result in an arrest and possible incarceration.