False Allegations Hurt Children!
“When you are falsely accused (and intentionally for that matter) the pain can be crippling at times.
That aside; I wish people cared about what their false allegations would do to the children involved. Even with the pain I suffered and the meds I now have to take on a daily basis, I would have given my life to take my children’s pain and fear of being taken from me away.” — Sara
WHAT CONSTITUTES A FAMILY OFFENSE?
The criminal behavior which has been “civilized” by Family Court Act Article 8 is defined in the penal laws.
This is a crucial aspect to determine whether or not a family offense petition makes out a prima facia case, and is too often overlooked when defending against a family offense petition. Many practitioners look solely to whether or not the alleged actions occurred.
More importantly, a judge is supposed to look at whether or not the petitioner can prove all the necessary elements of the family offense alleged and defined in the penal laws.
Each of the family offenses requires that the petitioner allege and prove intent or recklessness or a repeated course of conduct. A few of the family offenses require a prior such offense conviction.
