A Brooklyn family offense in a divorce lawyer will be there to help you put together a compelling claim when another party has attempted to injure you over the course of a divorce. Unfortunately, many divorces escalate quickly and can become an emotional battleground.
A family offense may involve filing a family offense petition and ultimately receiving an order of protection in family court. Without the support of a Brooklyn family offense in a divorce attorney, you could expose yourself to mistakes that could minimize your chance to receive these critical protections. Family offenses refer to crimes that are committed against a relative or any other individual with which the perpetrator has an intimate relationship. This could be someone you used to have a child with, someone you live with or a current partner. Some of the crimes that may be classified under the statutory definition of a family offense include disorderly conduct, assault, stalking and harassment.
A family offense in a divorce lawyer in Brooklyn should be retained immediately to evaluate whether or not your case meets the grounds for a family offense and how you may be able to use the law to help protect your and support you going forward. If a family offense has already been committed against you, in addition to filing criminal charges and contacting the police, you have the option of going through the family courts to put together a family offense petition as well. In this petition, you outline the offense that was allegedly committed against you, the person who committed it and the relief you seek. You’ll need clear evidence to support such an order.
The most common form of relief sought by victims who have suffered in this situation is an order of protection. An order of protection can be an important boundary between you and the person who perpetrated the offense. A complete order of protection requires that the perpetrator of the family office stay away from the victim of the offense and refrain from any communication.
A limited order of protection reduces the scope somewhat because it does not require the perpetrator to stay away from the petitioner or seize all contact but rather prohibits the respondent from any further criminal activity towards the petitioner.
Many people refer to a limited order of protection as a behave-well-order because it prohibits the respondent from any further misbehavior associated with the petitioner. The process of initiating a family offense petition can be extremely difficult if you've never found yourself in this situation before. It is beneficial to have an attorney at your side to assist you with preparing the necessary paperwork. You will likely be seen by a judge when you go to family court when filing a amily offense petition and you may be issued a temporary order of protection.
Once a temporary order of protection is served on the respondent, you will then have a date in which you must come back to court and the respondent has an opportunity to respond to the allegations lodged in the original petition. Both parties have the right to be represented by a family offense in a divorce lawyer in Brooklyn who can help to explain your rights and responsibilities and how an order of protection needs to be complied with. The support from an attorney is invaluable during an otherwise difficult time and should be sought immediately to increase the chances of comfort and peace by the victim who already feels as though he or she has suffered significantly.