At Gilmer Law Firm, PLLC, we know how urgent it feels when you are facing an order of protection in Brooklyn Family Court. Whether you are the petitioner seeking safety or the respondent accused of harassment, the consequences can affect your family, your home, and even your job. An experienced Brooklyn Family Law Attorney understands that courts must balance protection for victims with fairness for the accused.
Three cases—Jasmin NN. v. Jasmin C., 167 A.D.3d 1274 (3d Dep’t 2018), Shank v. Miller, 148 A.D.3d 1160 (2d Dep’t 2017), and S.H.M. v. L.P.M., 16 Misc.3d 1128(A) (Fam. Ct. Nassau Cty. 2007)—highlight how courts apply the law of aggravated harassment in family offense proceedings. Together, they show that New York judges weigh safety, statutory language, and due process before issuing or denying orders.
Understanding Aggravated Harassment in Family Court
Under Penal Law § 240.30(1)(a), aggravated harassment occurs when, “with intent to harass, annoy, threaten or alarm another person,” someone communicates in a manner likely to cause annoyance or alarm, or makes threats of physical harm.
In Family Court, aggravated harassment is treated as a family offense. The petitioner must prove by a fair preponderance of the evidence that the respondent engaged in such conduct. Because these cases often involve repeated phone calls, texts, hostile visits, or threatening words, the court must carefully separate unpleasant family conflict from true harassment.
For more on the basics, visit LawNY’s guide on family offenses or see our Family Law overview.
Jasmin NN. v. Jasmin C.
– Orders of Protection and Complex Family Structures
In Jasmin NN. v. Jasmin C., the children’s mother and the father’s new wife filed petitions against each other, each alleging harassment and violations of orders of protection.
The Appellate Division affirmed the Family Court’s decision, finding that both women had committed family offenses. The Court explained:
“Family Court Act § 812(1)(e) provides that persons not related by consanguinity or affinity, and who are not in an intimate relationship with each other, may nevertheless be subject to the jurisdiction of the Family Court if they have an ‘intimate relationship.’” 167 A.D.3d at 1275.
By defining the women’s shared parenting responsibilities as an “intimate relationship,” the Court broadened Family Court’s reach. This means that conflicts between stepparents, in-laws, and other adults tied to children can fall under Article 8.
For anyone in Brooklyn facing a dispute with a co-parent’s partner, a Brooklyn Family Offense Attorney can help clarify whether Family Court jurisdiction applies. Learn more about order of protection defense here.
Shank v. Miller
– The Right to Be Heard
In Shank v. Miller, a husband sought an order of protection against his father-in-law, alleging harassment and aggravated harassment. The Family Court dismissed his petition outright, without a hearing.
The Appellate Division reversed:
“Petitions should be construed liberally, and dismissal is inappropriate where the allegations, if true, would establish a family offense.” 148 A.D.3d at 1161.
This decision underscores that Family Court must provide a hearing whenever allegations, if proven, could meet the definition of a family offense. The case illustrates that due process is essential, even when allegations may appear thin.
If you are defending against an aggravated harassment petition, a skilled Brooklyn Order of Protection Attorney can fight to make sure your side of the story is heard before a judge makes life-changing rulings. For more practical insight, see our blog on taking an order of protection without admission.
S.H.M. v. L.P.M.
– Aggravated Harassment Between Spouses
In S.H.M. v. L.P.M., the petitioner alleged that her spouse engaged in a pattern of threatening behavior and repeated unwanted contact that served no legitimate purpose.
The Family Court examined whether these actions fit within Penal Law § 240.30. While not every unpleasant marital dispute qualifies as aggravated harassment, conduct that is repeated, threatening, and deliberately meant to alarm can be sufficient.
This case highlights a line that many couples in Brooklyn may wonder about: where does normal conflict end, and where does harassment begin? A Brooklyn Family Law Attorney can explain whether the facts in your situation are likely to meet the statutory standard, and how to defend or pursue an order of protection accordingly.
For official resources, see NY Courts’ page on orders of protection or the OPDV’s statewide guide.
Nicholson v. Scoppetta
– Protecting Victims Without Punishing Them
Although not about aggravated harassment, Nicholson v. Scoppetta, 3 N.Y.3d 357 (2004), is often cited in domestic violence and neglect contexts. The Court of Appeals held:
“Exposure to domestic violence is not presumptively neglectful. The inquiry must be whether the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired.” Id. at 375.
For Brooklyn families, this case reminds us that courts must protect victims and children without punishing a parent simply for being abused. It also shows how orders of protection and neglect findings sometimes intersect in Family Court.
For related issues, check our article on when child support begins in Brooklyn and the New York child support FAQ.
The Common Theme – Balancing Safety, Evidence, and Fairness
These cases share one message:
- Jasmin NN. shows that Family Court jurisdiction extends broadly into blended family disputes.
- Shank v. Miller proves that everyone deserves a hearing if allegations, if true, would establish a family offense.
- S.H.M. v. L.P.M. illustrates when repeated threatening behavior between spouses can rise to aggravated harassment.
- Nicholson reminds us that survivors should not be penalized for being victims of violence.
For victims, this means protection is available beyond narrow definitions. For respondents, it means the law still requires proof and fair process. A Brooklyn Family Offense Attorney can guide you through these issues with skill and urgency.
Why This Matters for Brooklyn Families
If you are involved in a Family Court case in Brooklyn—whether seeking an order of protection for safety or defending yourself against allegations—the stakes are high. An order of protection can affect your reputation, your parenting rights, and your daily life.
Working with a dedicated Brooklyn Order of Protection Attorney ensures that your voice is heard and your rights are protected. At the same time, if you are a victim, you deserve representation that prioritizes your safety while navigating the legal process.
For more background, visit New York’s child support portal or our firm’s Family Law section.
Call to Action
At Gilmer Law Firm, PLLC, we represent clients in Family Court across Brooklyn with urgency, skill, and compassion. Whether you are seeking an order of protection or defending against one, our firm is ready to fight for your safety and your future.
Contact us today through our Contact Page to schedule a confidential consultation with a Brooklyn Family Law Attorney experienced in orders of protection and aggravated harassment.
