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)....
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Gilmer Law Firm PLLC • 15 MetroTech Plaza, 7th Floor, Brooklyn, NY 11201 • 718-928-6492
If you are looking for a flat fee attorney in Brooklyn or a limited scope attorney in Brooklyn, you are not alone. New York City is expensive, and traditional retainers for family law and...
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....
Expanding Access to Family Offense Petitions: How “Melanie’s Law” Reflects Modern Family Relationships in New York
In 2024, New York lawmakers passed a landmark amendment known as “Melanie’s Law”—a reform that fundamentally expands who may seek an order of protection in Family Court. By amending Family Court Act §812, the Legislature recognized that family today comes in many forms, and the law must adapt to protect people connected...
When Grandparents Seek Visitation in New York: Lessons from Matter of Bell v. Bell (2025)
At The Gilmer Law Firm, PLLC, we often receive calls from grandparents who have been cut off from their grandchildren. New York law does recognize the right of grandparents to petition for visitation — but it’s not automatic. The recent Appellate Division decision in Matter of Bell v. Bell (2025 NY Slip...