A family offense proceeding is a civil proceeding and is for the purpose of attempting to stop the violence, end the family disruption and obtain protection.  A spouse, former spouse, parent, child or member of the same family or household who claims that a family member hurt or threatened him or her or another member of the family or household may file a family offense petition.

An order of protection sets out reasonable conditions of behavior to be observed by the respondent.  It may require the respondent to stay away from the petitioner or protected party, his or her home, school or employment, and may set other conditions of behavior to be followed.

Typically, an order of protection is issued for two years.  A judge may issue an order for up to five years if there are aggravating circumstances.  Aggravating circumstances include physical injury; use of a weapon; repeated violations or orders of protection;  prior criminal convictions for acts against the petitioner; and the exposure of children or other family members to harm.

A person who needs protection when the Family Court is closed may go to a Criminal Court to obtain an order of protection or to have an existing order of protection enforced or modified.

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