Law Office of Jeffrey W. Johnson
Law Office of Jeffrey W. Johnson
  • 36 Richmond Terrace
    Suite 202
    Staten Island, NY 10301
  • Call Now For A Free Consultation!

    (718) 557-9767

    We Have A Sliding Fee Scale!

If an Order of Protection is done by mutual agreement, it can last for any time period from one day to two years. Typically, it may be for three months, six months, or a year if it’s settled. If it’s decided after a hearing, the judge will grant it for two years, although they can do it for less if they don’t think a two-year Order of Protection is justified. It can also be extended for up to five years if there are aggravating circumstances involved; typically, that means some kind of weapon was involved. Also, you have the right to file for an extension of the Order of Protection before it expires, but you have to show the court good cause for why your order should be extended.

Will Having An Order Of Protection In Place Affect A Custody Case?

It will affect a custody case in several ways. If there’s an order of protection brought against you, it may, for example, include a Stay Away from the children, which would make it very difficult for you to get custody. Normally, there’s a carve out in the Orders of Protection to say that they’re subject to subsequent Family Court or Supreme Court orders, meaning even if there’s a Stay Away from your children, you could still get visitation time with them as long as it’s pursuant to an order from a Family Court or a Supreme Court judge.

If there’s a finding that you committed a family offense (for example, if there was a hearing on the Order of Protection and the judge found that you committed the family offense against the other party), by law, that has to be considered by the judge in making a custody determination. So, if there’s an order of protection case and there’s going to be custody or visitation pending, many times the respondent will consent to an Order of Protection without admitting that they did anything wrong. That way, the consent to an Order of Protection cannot be used against them in making a custody and visitations determination.

Who Is A Juvenile Delinquent Under New York Law?

The definition is a person in need of supervision under the Family Court Act, meaning they’re under the age of 18 and have been found to have committed a crime or what would be a crime if they were an adult. They’ve actually expanded the age of juvenile delinquency cases in New York; it used to be if you were 16 and accused of a crime, it would almost always be handled in Criminal Court. Now, those are normally handled in Family Court up to age 18, unless there are some exceptional circumstances, such as an extremely violent crime like murder or some other very violent felony—those would probably still be handled in Supreme Court. Most criminal offenses, or what would be a criminal offense for an adult, are now handled in Family Court up to age 18.

What Types Of Events Do Juvenile Delinquency Cases Generally Arise From?

These cases involve anything that would be a violation of the penal law, meaning anything that would be a crime if it were committed by an adult. They don’t really call them crimes when they’re committed by juveniles, but if it’s an act that would be a crime if an adult committed it, then it could be the basis of a juvenile delinquency case.

Is The Goal Of A Family Court Juvenile Delinquency Case Generally More Rehabilitative Rather Than Punishment For The Individual?

Rehabilitation is the stated goal of Family Court juvenile delinquency cases. The goal supposedly is never to punish the juvenile; it’s always to try to rehabilitate them through the least restrictive alternative. The child is supposed to be kept in the home, if at all possible, and not put into a detention center or a long-term facility, unless there’s no real alternative. Normally, there are counseling services put in to attempt to get the juvenile back on the right track and to keep them out of the criminal justice system once they become an adult.

How Are Juvenile Delinquency Proceedings Treated In New York?

They’re treated differently from adult criminal proceedings. They’re handled in Family Court, and the cases are confidential. There are no juries, so the cases are decided by a judge. The juvenile delinquency defendant is entitled to a lawyer, a law guardian or an attorney for the child, who is appointed to them. After the case, the records are sealed, so even if you’re found to have committed an offense as a juvenile, that’s not a record that can be accessed by employers or by the general public. The proceedings are considered sensitive because the defendants are juveniles and because the goal is not to punish but to rehabilitate.

For more information on Juvenile Delinquency Cases in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.

 Law Office Of Jeffrey W. Johnson.

Call Now For A Free Consultation!
(718) 557-9767
We Have A Sliding Fee Scale!

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