New York Family Law Blog
In New York family court, obtaining an order of protection requires meeting a specific standard. Pursuant to the Family Court Act, the petitioner must demonstrate the existence of family offenses by a fair preponderance of the evidence. This standard necessitates showing that it is more likely than not that the alleged conduct occurred. Family offenses include various acts such as harassment, assault, stalking, and other forms of domestic violence.
The petitioner bears the burden of proof in establishing the allegations of the family offense petition. This means they must present evidence and testimony to support their claims. The court evaluates the credibility of the witnesses and weighs the evidence presented before making a determination.
The court’s decision regarding the issuance of an order of protection is based on its findings of fact. It must determine whether the alleged conduct meets the criteria for a family offense and whether the petitioner has sufficiently proven their case. The court may consider factors such as the nature and severity of the alleged conduct, any history of violence or abuse, and the safety and well-being of the parties involved.
Additionally, the court may issue temporary or emergency orders of protection to provide immediate relief to the petitioner while the case is pending. These orders are typically issued based on the petitioner’s sworn allegations and without a full hearing. However, they may be subject to review and modification based on further evidence and arguments presented during subsequent proceedings.
In In re Kayla K. 2022 N.Y. Slip Op. 2668 (N.Y. Sup. Ct. 2022), an appeal was made regarding an order of fact-finding determining neglect of two children by their stepmother.
Background Facts
The case involves a stepmother who appealed from an order of fact-finding in a proceeding pursuant to Family Court Act article 10. This order determined that she neglected the older child and derivatively neglected the younger child, leading to the entry of protection orders in favor of the children.
The allegations of neglect stemmed from an incident where the stepmother inflicted excessive corporal punishment on the older child. According to the record, the older child was complying with the stepmother’s directive to go upstairs and calm down after a verbal altercation. However, the stepmother followed the child upstairs and struck her in the face, resulting in injury. This incident formed the basis of the neglect finding concerning the older child.
Additionally, evidence indicated an impaired level of parental judgment by the stepmother, posing a risk of harm to any child in her care. As a result, the court determined derivative neglect with respect to the younger child.
Following the fact-finding order, protection orders were issued for the benefit of both children. However, the stepmother appealed from these protection orders, challenging the basis for the neglect findings and the duration of the protection orders.
Issue
Whether there was a valid basis for the determination of neglect against the stepmother and the duration of the orders of protection issued in favor of the children.
Holding
The appellate court reversed the orders of protection and vacated the order of fact-finding, remitting the case for further proceedings. The court found that there was a basis for determining neglect against the stepmother but disagreed with the duration of the protection orders.
Rationale
The appellate division reversed the lower court’s decision and vacated the orders of protection issued in favor of the children. The rationale behind this decision rested on several key points. Firstly, the court found that there was substantial evidence supporting the Family Court’s determination of neglect concerning both children. Specifically, the stepmother’s excessive corporal punishment towards the older child and the impaired parental judgment observed in the case of the younger child constituted neglect as per the Family Court Act.
However, the appellate division also noted an error in the duration of the protection orders. The orders were set for a five-year period, which was deemed inappropriate under the Family Court Act. According to the Act, protection orders should expire no later than the expiration date of any other orders made under the same part of the Act. Since no other dispositional orders were issued alongside the protection orders, the duration was incorrect.
Furthermore, the court highlighted that the protection orders were issued without holding a dispositional hearing, as required by the Family Court Act. This procedural error necessitated a remittal of the case for further proceedings, including the holding of a dispositional hearing.
Conclusion
While the court upheld the finding of neglect against the stepmother, it reversed the orders of protection due to non-compliance with statutory requirements. The case highlights the importance of adherence to procedural standards in family court proceedings and the need for careful consideration of the duration of protection orders.