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A family offense petition is filed when a family member claims that another family member committed one of the following acts against another family member: Disorderly conduct. Unlawful dissemination or publication of an intimate image (eff. Sept.
You can go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection. A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.
The burden of proof is lower in Family Court than in a criminal case (less than beyond a reasonable doubt). However, you still must prove that the other party committed an actual crime. It can't be based only on what you worry they might do, or that they are annoying you.
In New York, an ?order of protection? is a legal term that refers to a protective order, commonly referred to as a restraining order, issued by the court as a means to help keep a person safe from further abuse or other harm or harassment.
Family Offenses include disorderly conduct, harassment, sexual misconduct or abuse, stalking, criminal mischief, menacing, reckless endangerment, strangulation, and assault.