Areas of Practice
Orders of Protection
When the relationship is going downhill fast: Protect yourself and never yell or curse. Always act as though there is a video camera watching and recorder recording. You never know, you may be being set up! At the first sign of real trouble, lock yourself in the bathroom and call 911. Protect yourself by keeping a daily diary of where you are and who was there. Pay for everything by electronic means (i.e., credit cards), and save the receipts to prove where you were and when.
Please be aware that since the writing of the articles found here, the legislature has amended the laws so that many more offenses are now included in Article 8 of the Family Court Act, and many more people now have standing to bring the petition. They have opened the flood gates.
- What is the purpose of Family Court Act Article 8 supposed to be?
- Who has standing to bring a Family Offense Petition?
- What are Family Offenses?
- What constitutes a Family Offense?
- What are The Elements of a Family Offense?
- Jurisdictional Considerations of Family Court in a Family Offense Proceeding
- Due Process Considerations of a Stay Away Order of Protection
- Is Discovery allowed in a Family Offense Proceeding?
- Are there any defenses to a Family Offense Petition?
- Does Family Court provide Conciliation Services?
- Is there a Right To Withdraw?
- When should a Respondent Consent?
- An Article 8 Petition Cannot be Conformed to the Proof at Trial
- What Remedies Are Available In A Family Offense Proceeding?
- Politics of domestic violence
- Orders of Protection and Candy (How they are alike, and how they differ)