Queens Family Offense Divorce
A Queens family offense divorce attorney can help you if you believe that serious issues have been raised over the course of your marital dissolution. One particular issue that may be raised with the help of a family offense divorce attorney in Queens is after a person has had to endure harassing and violent behavior. This is particularly disturbing when it happens on behalf of a family member. This information may also become important during your divorce trial.
A knowledgeable Queens family offense divorce lawyer should be used to protect a client in these possibly dangerous situations and should be retained as soon as possible. Family members need the security and peace of mind that they deserve. Whether these actions are being committed in the midst of family law proceedings such as divorce or in the course of everyday life, they are unacceptable and should prompt someone to get legal help from an experienced lawyer immediately. There are specific legal processes available to victims of these certain situations including inappropriate behaviors all the way up to domestic violence.
A family offense divorce lawyer in Queens can be critical for helping you to file the appropriate petition paperwork and to get the protection that you need. When you have been victimized by a family member, your family offense petition needs to be filed with the family court in a timely fashion. You need to gather appropriate evidence and consult directly with your attorney about your grounds to move forward and what to consider.
The perpetrator must be a parent, child, the child of other parent, a previous or current romantic partner, a former or current spouse or your relative by marriage or by blood. This is the only way to initiate a family offense petition in Queens with the help of a knowledgeable attorney and you should always sit down and discuss the circumstances of your individual situation specifically before moving forward.
A lawyer can tell you whether or not your case meets the grounds and how to proceed going forward and can give you give you further advice about what to anticipate during this troubling time. The petition needs to allege that the family member in question committed against either your child or you:
- Criminal mischief
- Disorderly conduct
- Aggravated harassment or harassment
- Attempted assault
- Reckless endangerment
- Violent or menacing acts
- Sexual abuse
- Forcible touching
You have the right to request an appearance before a New York family court judge after you have filed a family offense petition. The judge will then be responsible for reviewing your testimony and determining whether or not you have met a showing of good cause. The judge may make a determination that a temporary order protection is warranted until the respondent can appear in court. The court might also determine that based on the individual circumstances presented directly in your petition and in your evidence that a warrant needs to be issued for the respondent to appear immediately. This is particularly true in situations in which the person is engaging in violent or harassing behavior.
After the case has been fully considered, the respondent could be facing possible penalties depending on the judge's determination. This includes restitution of as much as $10,000, required educational programs and up to a year of probation. Furthermore, the final order of protection as issued by the judge during that time may be in place for up to two years or in aggravating circumstances, applicable for up to five years. An experienced divorce lawyer should be contacted as soon as possible after you believe that the grounds for a family offense have been met in order to discuss your options and to have a better understanding of how to proceed appropriately with the right support system in place. Your selection of attorney can have a significant impact on the outcome of your case.
A family offense might also be a reason to modify an existing child custody order.