Family Court vs Criminal Court for Family Offenses in New York: Concurrent Jurisdiction, Transfer, and Strategic Risks
When someone is accused of a family offense in New York, one of the first strategic questions is where the case will be heard: Family Court, Criminal Court, or both. New York law allows overlap, and the forum can change the burden of proof, procedures, and consequences. For the court’s overview, see...
Fact-Finding Hearings in NY Family Offense Cases: Burden of Proof, Evidence, and Defense Strategies
In a New York Family Court Article 8 family offense case, the key “trial” event is usually the fact-finding hearing - the hearing where the judge decides whether the allegations are proven. If you are defending against an order of protection petition, understanding the burden of proof, what evidence tends to matter,...
Served With a Family Offense Petition in NY Family Court? A Respondent’s Step-by-Step Game Plan Before the First Court Date
If you’ve been served with a family offense petition in New York Family Court, it can feel like everything changed overnight - especially if the paperwork includes a Temporary Order of Protection (TOP). In many cases, a TOP is issued at the outset and can have immediate consequences (housing, contact, parenting time)....
What Is an Exclusion Hearing in an Order of Protection Case in Family Court?
When a person in New York seeks an Order of Protection in Family Court, the judge can include specific conditions to ensure safety—such as staying away, avoiding contact, or leaving a shared residence.
When a person is temporarily ordered to leave their home, it’s called an exclusion order, and...
Understanding the Difference Between Child Abuse and Neglect Under New York Law
In New York Family Court, the terms child abuse and child neglect often appear together — yet they describe very different legal standards. Both are governed by Article 10 of the Family Court Act (FCA), but the difference lies in the nature of harm to the child and the conduct of the...
Understanding the Difference Between a 1027 and 1028 Hearing in New York Family Court
When the Administration for Children’s Services (ACS) becomes involved in a child protective case, two types of early hearings often determine whether a child remains at home or is removed while the case proceeds — the 1027 hearing and the 1028 hearing. Though they may appear similar, they serve distinct purposes at...
When a 1028 Hearing Becomes a Fact-Finding Battle: Understanding Combined Hearings in New York Family Court
In New York Family Court, when a child has been removed because of alleged abuse or neglect, two distinct hearings often take place. The first—under Family Court Act § 1028—addresses whether the child can safely return home while the case is pending....
Do Allegations of Parental Alienation Affect Custody in Brooklyn Family Court?
One of the most challenging issues in custody cases is when one parent claims the other is engaging in parental alienation. This behavior, often described as intentional attempts to damage the child’s relationship with the other parent, can directly influence the outcome of custody decisions. Parents frequently ask: If the other parent...
Can a Parent Relocate With a Child Without Court Permission in Brooklyn?
Parents often ask: Can I move with my child without first obtaining approval from Brooklyn Family Court? This is one of the most common questions after separation or divorce, especially when a parent wants to change residence for a new job, to be closer to family, or to start a new chapter...
Brooklyn Divorce Attorney on Exclusive Use of the Marital Home: What You Need to Know
One of the most urgent issues that arises during a New York divorce is deciding who stays in the marital residence while the case is pending. This question, often referred to as exclusive use or occupancy, has a major impact on safety, stability, and day-to-day life. At Gilmer Law Firm PLLC, we...