The New York State Family Court is a crucial resource for victims of domestic violence seeking civil orders of protection, child custody, and financial support. Most family court litigants file pro se petitions without legal guidance, relying on petition forms promulgated by the NYS Unified Court System. Victims may receive limited information from non-attorney advocates stationed in the courthouse, including support during the ex parte hearing process, and often succeed in obtaining a temporary order of protection. Unfortunately, the reprieve offered by such temporary orders is often brief, and pro se petitions frequently fail to establish the foundation necessary for long-term success in litigation. Practitioners must, therefore, promptly review and amend pro se petitions.

This webinar covers topics including: Family Offense Basics: who has standing; what is a family offense; why you should file; Temporary Orders of Protections: Stay Away versus Refrain from Provisions; Emergency Custody Petition Pit Falls.

Despite the legislative requirement that judges consider the impact of domestic violence on custody decisions, “willingness to foster a relationship” between the child and other parent has effectively become a super-factor forcing domestic violence victims to somehow demonstrate a willingness to foster a relationship between the child and the other parent without minimizing the abuse.

Presenter: Jennifer L. Storm, Esq., Deputy Legal Director, The Legal Project