You just won your Article 10 neglect case in New York Family Court. The judge dismissed the petition because ACS didn’t have enough evidence. But a few weeks later, you receive a new petition — and the allegations look eerily similar.
Is ACS allowed to come after you again and again? The short answer: not always. There are limits, and your Brooklyn ACS defense attorney must know how to stop repetitive litigation.
The Basics – No Double Jeopardy, But Still Limits
- Family Court cases are civil, so double jeopardy doesn’t apply the way it does in criminal law.
- But the principle of res judicata (issue preclusion) does.
- Once ACS fully litigates a claim and loses, they may be barred from bringing the same or related allegations again.
Recent Case: Matter of Jeremiah P. (Orange County, July 2023)
- Mother won dismissal after trial.
- The Attorney for the Child (AFC) tried to refile the same claims under a new petition.
- Court said no — the AFC cannot re-litigate what was already decided.
- Key takeaway: All known allegations must be brought at once.
What This Means for Brooklyn Families and Families through New York State
- If ACS loses at trial, they can’t refile just because they think they found a new angle.
- Your attorney should move to dismiss any second petition based on the same set of facts.
- Important to demand the full record of the prior trial to demonstrate the overlap
How ACS Tries to Get Around It — and How We Push Back
- Agencies sometimes file new petitions with minor tweaks to appear “different.”
- Courts have held that agencies cannot split their case to try again later.
- Strategy tip: Use motions to dismiss based on collateral estoppel and res judicata.
- If new facts arise after the trial, they must be genuinely new, not rehashed.
The Gilmer Law Firm Advantage
- We’ve handled numbers of Article 10 trials, hearings, and dismissal motions in Brooklyn.
- We don’t just react — we proactively litigate to shut down harassing or duplicative ACS actions.
- Located steps from Brooklyn Family Court at 15 MetroTech Center, 7th Floor.
- Call (718) 864-2011 to protect your rights after a dismissal.
Conclusion
You shouldn’t have to keep fighting the same battle in Family Court. If ACS is re-filing petitions against you after a loss, call Gilmer Law Firm, PLLC a Brooklyn New York based Family Law and ACS defense attorney. We fight to keep your family together — and to make sure the court respects your hard-won victories.
