A civil case with a defined scope
In New York, a family offense petition asks Family Court for an order of protection based on conduct the law defines as a family offense, generally behavior that would also be an offense under the criminal law, such as harassment or assault. It is available between people in certain family or intimate relationships, and whether a particular relationship qualifies can itself be contested. The petitioner can pursue this civil case and a criminal complaint at the same time, and an order in one does not end the other. Filing usually happens at the Family Court petition room or intake office, often with help from a court or advocacy program.
Describing what happened
The petition should describe specific incidents with dates, places, and what was said or done, as precisely as you can. Courts often issue a temporary order based on that first description, so clarity matters. Bring messages, photos, medical records, police report numbers, and the names of witnesses. If you are the respondent, you will receive the petition and usually a temporary order; read both carefully and comply fully while you prepare a response.
How these cases resolve
Some cases end with an order entered on consent, which in many matters does not require the respondent to admit the allegations. Others proceed to a fact-finding hearing where both sides testify and present evidence, followed by a decision about whether to issue a final order and what it should say. A final order can also affect custody and parenting time when there are children in common. We start by identifying which side you are on, what the order needs to accomplish or what you need to avoid, and whether a criminal or custody case is also open.
