Family Offenses

Family Offenses

A family offense petition is filed when a family member seeks an Order of Protection against another family member. A family member is generally defined as any individual related by blood or marriage, individuals who were formerly married, or individuals who are unrelated but have a child together.

Orders of Protection can be granted if a family member has committed any act prohibited under the Family Court Act against another family member, including but not limited to:

  • Disorderly conduct
  • Harassment
  • Aggravated harassment
  • Menacing
  • Reckless endangerment
  • Assault or attempted assault
  • Stalking
  • Criminal mischief

An Order of Protection may require an offending party to stay away from a family member including any children involved, pay reasonable counsel fees, participate in a batterer’s education program, pay medical bills for injuries sustained as a result of the abuse, stay away from the home, school, or place of employment of a family member including any children involved, refrain from communicating with a family member including children involved, and refrain from committing additional family offenses or acts that endanger the welfare of other family members.

If you seek an Order of Protection, are the subject of a Family Offense petition, or if you have questions regarding such matters, please contact Nelson, Robinson & El Ashmawy, PLLC by email or call us at (212) 962-1740 and let us help you protect your rights.

Examples of Family Offense and Order of Protection Experience:

Matter of N.C. – After trial in Bronx County, client granted two-year Final Order of Protection. However, during trial, our attorney argued that the use of the offender’s car in driving aggressively to frighten our client was an “aggravating circumstance” that justified a five-year order of protection. Our attorney appealed the fact the court didn’t find aggravating circumstances and won—with the case being sent back down to the trial court. Upon reconsideration the “aggravated circumstances” finding was made, and a five-year order on behalf of our client was issued. This case was published on the front page of the New York Law Journal for its creative use of the statute.

Matter of H.P. – After trial in New York County, client granted two-year Final Order of Protection, based on numerous acts of harassment and domestic violence.

Matter of N.B. – After trial in Kings County, client granted two-year Final Order of Protection, based on numerous acts of harassment and domestic violence.

Matter of A.H. – After trial in New York County, client granted two-year Final Order of Protection, based on numerous acts of harassment and domestic violence. Also obtained custody of child for client in corresponding Custody and Child Protective Cases.

Matter of F.B. – Defense against an Order of Protection case in New York County, negotiated dismissal of petition on client’s behalf.

Matter of T.C. – Defense against an Order of Protection case in New York County, negotiated dismissal of petition on client’s behalf.

Matter of E.G. – Defense against an Order of Protection case in New York County, negotiated dismissal of petition on client’s behalf.

Matter of L.D. – Defense against an Order of Protection case in New York County, negotiated dismissal of frivolous petition on behalf of client, a U.S. Army soldier.

Matter of F.D. – After trial in New York County, client granted two-year Final Order of Protection, based on numerous acts of harassment and domestic violence.

Matter of N.L. – Defense against an Order of Protection case in New York County, dismissal of petition on client’s behalf by application.

Matter of J.A. – Defense against an Order of Protection case in New York County, dismissal of petition on client’s behalf by application.

Matter of D.B. – Defense against an Order of Protection case in New York County, negotiated dismissal of petition on high profile client’s behalf.

Matter of J.D. – After trial in New York County, client granted two-year Final Order of Protection, based on numerous acts of harassment and domestic violence. Also obtained custody of child for client in corresponding Custody and Child Protective Cases.

Matter of Y.H. – Defense against an Order of Protection case in New York County, dismissal of petition on client’s behalf by application.

Matter of I.S. – After trial in New York County, client granted two-year Final Order of Protection, based on numerous acts of harassment and domestic violence. Also obtained custody of children for client in corresponding Custody and Child Protective Cases.

Matter of K.M. – After trial in New York County, client granted five-year Final Order of Protection with finding of “aggravated circumstances” due to repeated violations of prior Criminal and Family Court Orders of Protection.

Matter of J.S. – Defense against an Order of Protection case in New York County, negotiated dismissal of petition on client’s behalf.

Matter of L.P. – Negotiated resolution of matters in New York County, client granted one-year Final Order of Protection, based on numerous acts of harassment and domestic violence. Also obtained custody of child for client in corresponding Custody Case.

Main Office

Our firm is located at Park Place and Broadway, across from City Hall Park.

11 Park Place, Suite 711
New York, NY 10007

Telephone: (212) 962-1740
Facsimile: (212) 962-2142

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