Family Court Matters

If a person has committed domestic violence or any qualifying family offense against family member then the injured party has three legal options.

• The injured party may bring a family offense petition in Family Court.

• The injured party may request that the police bring a criminal case in an appropriate Justice Court or City Court.

• The injured party can do both.

 

The law defines "family members" as individuals related by blood or marriage, individuals who were formerly married, individuals who have a child together; and individuals who are or have been in an intimate relationship.

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As a former prosecutor, Patrick Fischer has handled every single type of qualifying family offense in both Justice Court and County Court. If you desire representation in your family offense matter, Patrick Fischer can guide you through the entire process from start to finish.

 

If you are a victim, Patrick Fischer will do the following to ensure you and your children are safe from abusers:

• draft a legally sufficient petition;

• request a temporary order of protection and/or a temporary order of child support;

• and request that the judge issue a warrant for your family member if they pose an imminent danger to you.

 

If your family offense petition proceeds to a hearing, Patrick Fischer will use all his years of trial skill and evidentiary knowledge to present sufficient evidence to the court. If you win your fact-finding hearing then Patrick Fischer will zealously argue for the court to issue a just dispositional order which may include any of the following:

• suspending judgment for up to 6 months;

• placing the respondent on probation which may involve alcohol and/or drug treatment;

• requiring the respondent to pay restitution;

• and a final order of protection that may be effective for up to 2 years, or up to 5 years if aggravating circumstances exist.

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If you are a victim of domestic violence, a family offense petition is an important step to ensure the safety of yourself and your children. And Patrick Fischer can help you.