Nassau County Family Offense in a Divorce
A Nassau County family offense in a divorce lawyer can help you if there are additional criminal allegations that you need to raise due to another person's behavior over the course of your divorce. You’ll want to have a relationship with your lawyer before you get started so that you can trust him or her over the course of your divorce.
A family offense in a divorce attorney in Nassau County will be able to tell you whether or not someone’s behavior has violated your rights and whether or not this can be raised over the course of your divorce case. A family offense petition can be filed in New York when one family member alleges that another has committed one of these acts against a family member. This includes:
- Criminal mischief
- Disorderly conduct
- Reckless endangerment
- Attempted assault
If you need assistance filing a family offense petition with the help of an experienced attorney, family members are classified as those who were previously married, who have a kid together but are otherwise unrelated, or those that are related by marriage or blood. The petitioner maintains the right to a court appearance immediately after he or she initiates a family offense petition. The judge will evaluate whether or not good cause exists. If good cause is determined to exist as a result of this behavior perpetrated by one person, the judge could put together a temporary order of protection or a temporary child support order.
Until the alleged abuser or respondent is able to show up in court to respond to these allegations, these temporary orders will remain in place. It can be shocking to realize that you will need to initiate a family offense in a divorce petition or the discovery that one has already been lodged against you. You need to respond appropriately with the right family lawyer to assist you. The judge sets a return date and then will issue the request for the respondent to appear after the initial petitioner files the paperwork. If it appears that the petitioner is facing immediate danger, a warrant may even be issued for the other party to come.
When the respondent does show up in court, they have the opportunity to deny or admit the claims described in the petition or to consent the order of protection that has already been established. If family court isn’t in session at the time of filing a family offense in a divorce petition, the person coming forward may get an order from criminal court if the situations warrant this to happen. A fact-finding hearing will also be scheduled to determine whether or not the allegations in the petition are true. If the claims are indeed proving as well as a dispositional hearing is scheduled and held, the judge may issue a dispositional order which can include:
- Establishing a final order of protection that can stay in place for up to two years or up to five years if the finding includes aggravating circumstances.
- Requiring the responder to pay restitution of as much as $10,000.
- Suspending judgment for six months.
- Putting the respondent on period of probation for a maximum of one year and requiring him or her to get involved in a batterer's education program or alcohol or drug treatment with the responder paying those costs.
This can be an overwhelming situation for anyone who finds themselves in it and you should get support from an experienced attorney who has been practicing in this field for many years.