G. Family Offence Proceedings

Question 1

What is required for family offence petitions?*

Answer 1

1) Family offence (Felony/Misdemeanor)
- Disorderly conduct
- Harassment
- Sexual abuse
- Stalking
- Criminal mischief
- Menacing
- Assault

2) Predicate act between members of same family/household
- Blood relatives
- Married persons
- Formerly married persons
- Persons with child together
- Persons in intimate relationship (past/present) (whether or not household residents)
- NOT just business relationship

3) Fair preponderance of evidence
- P’s burden of proof

FYI NO hearsay allowed

Question 2

What may Court issue if family offence occurred?*

Answer 2

Final/Permanent Order of Protection (ex parte)

• Direct Respondent to stay away from home/school/business/employment/Child’s location
• Direct Respondent to refrain from committing family/criminal offence vs other Child
• Direct Respondent to refrain from harassing/intimidating/threatening such persons

Duration of Final/Permanent Order of Protection

• Max. 2 years
• Min. 2 years (aggravating circumstances)