If you’ve been served with a Family Court petition for an order of protection in New York, you may be shocked to find yourself defending against events that occurred months—or even years—ago. Many clients ask: Can someone really get an order of protection based on old or stale allegations?
The short answer: Not without limitations. And if you’re facing this situation in Brooklyn or anywhere in New York, The Gilmer Law Firm PLLC is here to help. As experienced New York order of protection defense attorneys, we know how to challenge stale allegations and protect your rights.
What Is a Family Offense Petition?
In New York, a “family offense petition” is a legal request filed in Family Court that accuses a family or household member of committing certain offenses, such as:
- Harassment
- Stalking
- Assault
- Menacing
- Disorderly conduct
If the court finds these allegations credible, it may issue an order of protection, which could prohibit you from contacting the petitioner, visiting your home, or even seeing your children. These are serious consequences that can arise even before you’ve had a full opportunity to defend yourself.
The Problem with Stale Allegations
Under New York Family Court Act § 812, a family offense petition can be filed based on conduct that “allegedly occurred.” However, there is no strict statute of limitations, unlike criminal proceedings. That means a petitioner may attempt to bring up incidents from years past, especially if there is no ongoing criminal investigation or prosecution.
The problem? Many of these petitions rely on allegations that are remote in time, unverifiable, or were never previously reported. Courts must determine whether the alleged conduct—regardless of how old—is serious and relevant enough to warrant current judicial intervention.
At The Gilmer Law Firm PLLC, we frequently defend clients against these stale accusations. As a leading Brooklyn family offense defense attorney, George M. Gilmer, Esq., has handled numerous cases where the petitioner attempts to weaponize old grievances in order to gain leverage in custody disputes or harass a former partner.
What New York Courts Say About Stale Allegations
New York courts have repeatedly emphasized that the Family Court must focus on recent conduct or a current need for protection, not simply historical wrongs. Several legal principles guide this analysis:
- The family offense must be ongoing, repetitive, or part of a recent pattern of behavior.
- An isolated incident occurring years ago, without any recent issues, may not justify the issuance of an order of protection.
- Credibility is critical—courts scrutinize why the petitioner waited so long to file and whether the delay casts doubt on the veracity of the claim.
For example, in cases where the last alleged incident took place more than a year prior to filing, and there were no subsequent acts or threats, judges have dismissed the petitions on the ground that the conduct is too remote in time to justify court intervention.
Why People File Late Petitions
Family offense petitions involving stale allegations are sometimes filed with ulterior motives. In our experience as New York family offense defense attorneys, these include:
- Retaliation after a breakup or divorce filing
- Leverage in custody or visitation proceedings
- Eviction tactics to remove someone from a shared home
- Emotional manipulation in co-parenting dynamics
It’s important to present this context clearly and persuasively in court. Our firm is skilled at identifying these patterns and using them to undermine the credibility of the petitioner.
Your Legal Defense: Challenging the Petition
If you’re facing a family offense petition based on stale or exaggerated allegations, you must act quickly and strategically. Here’s how The Gilmer Law Firm PLLC can help:
1. Demand Specificity
We ensure the petition complies with Family Court Act § 168, which requires a “plain and concise factual statement.” Vague allegations such as “he was abusive for years” or “she always yells” are insufficient and can be grounds for dismissal.
2. Challenge Timeliness
We raise the issue of delay: Why did the petitioner wait months or years to file? What happened recently to prompt the petition? Courts often view unexplained delays as tactical rather than protective.
3. Highlight the Lack of Imminent Threat
Orders of protection are meant to prevent ongoing harm. We argue that stale allegations, without evidence of recent conduct, do not create a present danger that justifies court intervention.
4. Expose Motive and Bias
If the petitioner is seeking to influence custody proceedings or remove you from a residence, we bring this to the court’s attention and advocate for the dismissal of petitions filed in bad faith.
Why You Need a Brooklyn Order of Protection Defense Attorney
Representing yourself in Family Court—especially when you’re accused of abuse or harassment—is risky. Orders of protection carry serious consequences, including:
- Removal from your home
- Restrictions on parenting time
- Negative impact on custody or immigration status
- Inclusion in NYS and federal protection order databases
At The Gilmer Law Firm PLLC, we defend against family offense petitions every day. Our firm’s lead attorney, George M. Gilmer, Esq., has a reputation for aggressive courtroom advocacy and compassion for clients facing false or stale accusations.
Serving Clients Across Brooklyn and New York
Whether you’re in Kings County Family Court, Queens, or anywhere in New York City, we’re ready to fight for your rights. Our firm has successfully defended clients against family offense petitions filed months—and even years—after the alleged events.
Contact The Gilmer Law Firm PLLC Today
If you’re facing a New York order of protection, Brooklyn order of protection, or any family offense allegation, don’t wait until it’s too late. Get experienced legal representation now.
