At the Gilmer Law Firm, PLLC, located in Brooklyn, New York, we are often asked by clients whether a heated argument with a spouse or partner—particularly one involving name-calling, accusations of drinking, or shouting—can result in a Family Court order of protection. The short answer: not necessarily. While the court takes all allegations of domestic violence seriously, there are legal standards that must be met before a temporary or final order of protection can be issued.
A recent case highlights what does—and doesn’t—qualify as a “family offense” under New York’s Family Court Act, which is the legal basis for seeking an order of protection in Family Court.
What Happened in This Case?
In this case, a husband filed a family offense petition against his wife. He claimed that she called him a derogatory name, pointed her finger in his face, and acted in a verbally abusive way. He also alleged that she had a long-term drinking problem and had caused turmoil in the household, including an incident where their child attempted self-harm after a family argument.
The court initially issued a temporary order of protection, as is common when family offense petitions are filed. However, the wife filed a motion to dismiss the petition, arguing that the husband’s claims—even if true—did not meet the legal definition of a “family offense.”
What Is a Family Offense Under New York Law?
To obtain an order of protection in New York Family Court, the person seeking protection (the “petitioner”) must show that the other party (the “respondent”) committed one or more specific acts listed in Family Court Act § 812. These acts include things like:
- Harassment (first or second degree)
- Aggravated harassment
- Menacing
- Stalking
- Assault
- Reckless endangerment
- Disorderly conduct
It’s not enough to show that a couple had a bad fight or that one person was rude or unpleasant. The behavior must rise to the level of criminal-type conduct, even though Family Court is a civil court.
Why the Judge Dismissed the Husband’s Petition
In this case, the judge carefully reviewed the allegations and found that none of them met the legal standard required for a family offense. Here’s why:
- Name-calling and finger-pointing, even if offensive, were part of a single argument about a family vacation—not a pattern of abuse or a threat of physical harm.
- The incident where the husband allegedly broke his own hand while swatting away the wife’s hand did not amount to abuse by the wife—because the husband’s own action caused his injury.
- The claim that the wife had a long history of drinking and was “verbally abusive” when intoxicated was not backed up with specific details or evidence of threats, violence, or repeated harassment.
The judge concluded that these were marital disputes and personality clashes—not grounds for a Family Court order of protection.
Does This Mean You Can’t Get Help?
Not at all. At the Gilmer Law Firm, PLLC, we understand that not every harmful relationship involves physical violence—but the law requires more than just general conflict to issue an order of protection. That’s why specific facts, documentation, and credible allegations are crucial.
If someone is truly being harassed, stalked, assaulted, or otherwise mistreated in a way that threatens their safety, they do have the right to seek protection under the law. But as this case shows, not every fight, insult, or argument qualifies.
Key Takeaways for New York Families
- One-time arguments are not enough. There must be a pattern or a serious threat that fits within the list of legal offenses in the Family Court Act.
- Verbal abuse must be specific and severe. Simply saying someone was “abusive” isn’t enough—you must describe what was said or done and how often.
- Substance abuse allegations require context. A drinking problem alone does not amount to a family offense unless it is tied to criminal or threatening behavior.
- You must show harm or risk. If the alleged conduct doesn’t put someone in real fear of harm, courts are unlikely to grant protection.
How the Gilmer Law Firm Can Help
If you’ve been served with a family offense petition, or you believe you need to file one, don’t go it alone. These cases are fact-specific and require an attorney who understands New York Family Court law, local court procedures, and how to properly present or challenge a petition.
As a Brooklyn family law attorney, George M. Gilmer, Esq. of the Gilmer Law Firm, PLLC has represented countless clients in Family Court, including petitions for and against orders of protection. We’ll give you honest advice, strategic representation, and compassionate guidance—whether you’re seeking safety or defending against false claims.
Contact the Gilmer Law Firm PLLC today at (718) 864-2011 to schedule a consultation and protect your rights
