Comprehensive Case Law Analysis
32 cases organized by year with strategic analysis, key quotes, and tactical guidance for fact-finding hearing.
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harassment,self_defense,electronic_evidence - Check strategic value sections: ✅ Helps / ⚠️ Risks
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2025
2025-ny-ad1st-rt_lt
Citation: 236 A.D.3d 612 (1st Dept. 2025)
Court: Appellate Division, First Department
Holding: Appellate Division REVERSED and reinstated petition. Court held: (1) Res judicata does NOT bar family offense petition where mother was not party to prior neglect proceeding, even if same incidents addressed, because family offense proceeding offers different/broader relief (orders of protection...
✅ Helps: ⚠️ LIMITED HELP - Mostly distinguishing, not relying....
2024
Matter of Leslie QQ. v. Daniel RR.
Citation: 232 A.D.3d 1086 (3d Dep't 2024)
Court: Supreme Court, Appellate Division, Third Department
Holding: Best interests custody determination: Court considers parents' ability to provide stable home, child's wishes, past performance, relative fitness, overall well-being, and willingness to foster relationship with other parent. Credibility findings entitled to great weight on appeal - will not disturb ...
2023
Matter of Davis v. Davis
Citation: 221 A.D.3d 1312, 201 N.Y.S.3d 273 (3d Dept. 2023)
Court: Supreme Court, Appellate Division, Third Department
Holding: Third Department AFFIRMED Family Court's dismissal of husband's petition and finding that husband committed family offense of criminal obstruction of breathing or blood circulation, and AFFIRMED issuance of one-year stay-away order of protection. Court held: (1) Wife's conduct during September 20...
✅ Helps: ✅ **THIRD DEPARTMENT - PERSUASIVE AUTHORITY - DEFENSIVE & OFFENSIVE USE**...
⚠️ Risks: ⚠️ MODERATE CONCERNS - Third Department (not binding), shows low bar for family offense findings:...
Johnson v Lomax
Citation: 214 A.D.3d 980, 184 N.Y.S.3d 610 (2d Dep't 2023)
Court: Appellate Division, Second Department
Holding: Where a matter has been submitted to the court, the court may not order an action discontinued except upon the stipulation of all parties appearing in the action (CPLR 3217(b)). Family Court erred in directing that the petition was withdrawn without a stipulation from the parties. The petition was r...
Matter of Geraldine R. v. Haile P.
Citation: 216 A.D.3d 415, 188 N.Y.S.3d 44 (1st Dept. 2023)
Court: Supreme Court, Appellate Division, First Department
Holding: First Department AFFIRMED Family Court's dismissal with prejudice. Court held: (1) Mother failed to establish disorderly conduct because she offered no evidence that any public disturbance was intended or caused - public harm is required mens rea for disorderly conduct; (2) Mother failed to estab...
✅ Helps: ✅ **FIRST DEPARTMENT - PERSUASIVE AUTHORITY - DEFENSIVE USE**...
⚠️ Risks: ⚠️ MINIMAL CONCERNS - First Department (persuasive only), but facts distinguish favorably for Sam:...
2022
In the Matter of Anna Aquitani v. Caleb Aquitani
Citation: 75 Misc.3d 1234(A), 172 N.Y.S.3d 579 (Fam. Ct., Tompkins County 2022)
Court: Family Court, Tompkins County
Holding: Pattern of making false allegations of child abuse against father constitutes change of circumstances requiring custody modification. Prior false allegations against third party (ex-husband) admissible to show pattern casting doubt on current allegations. Court may rely on credibility assessments, w...
2022-ny-ad2d-mansour_mahgoub
Citation: 202 A.D.3d 961 (2d Dept. 2022)
Court: Appellate Division, Second Department
Holding: Appellate Division AFFIRMED AS MODIFIED. Court held: (1) Evidence insufficient for disorderly conduct against child in May 2012 - no proof of intent to cause or recklessly create risk of public inconvenience, annoyance, or alarm; (2) Fair preponderance of evidence supported harassment in second d...
✅ Helps: ✅ **SECOND DEPARTMENT - BINDING ON KINGS COUNTY - DEFENSIVE USE**...
2021
Matter of Brooke A.D. v. Rajiv D.
Citation: 199 A.D.3d 407, 158 N.Y.S.3d 6 (1st Dept. 2021)
Court: Supreme Court, Appellate Division, First Department
Holding: First Department AFFIRMED Family Court's findings that respondent committed multiple family offenses and issuance of order of protection. Court held: (1) Fair preponderance of evidence supported harassment in second degree under BOTH subsections - § 240.26(1) (lunging, swinging fist with intent t...
✅ Helps: ⚠️ CAUTION - This case shows how petitioner CAN win family offense petition with video evidence and testimony. Strategic value is DEFENSIVE (know what Rima would need to prove)....
⚠️ Risks: ⚠️ MAJOR CONCERNS - This case shows how petitioner CAN win with testimony + evidence. Directly applicable if Rima alleges physical conduct on March 30th....
2020
Matter of Heather E v Christopher F
Citation: 189 A.D.3d 1937, 138 N.Y.S.3d 267 (3d Dep't 2020)
Court: Appellate Division, Third Department
Holding: In family offense proceedings under FCA Article 8, petitioner bears burden of proving by fair preponderance of evidence that respondent committed one of the enumerated family offenses under FCA § 821(1)(a). Court's determination of whether respondent committed family offense presents factual questio...
2018
In the Matter of Millie S. v. Thomas S.
Citation: 60 Misc.3d 493 (Fam. Ct., Kings County 2018)
Court: Family Court, Kings County
Holding: Contact with opposing party's attorney does not constitute "third-party contact" prohibited by order of protection. Attorney is not within the intended definition of "third parties" contemplated by TOP - the prohibition targets using friends, family, or others to harass the protected party, not comm...
Matter of Kristie GG. v. Sean GG.
Citation: 168 A.D.3d 25, 91 N.Y.S.3d 292 (3d Dep't 2018)
Court: Supreme Court, Appellate Division, Third Department
Holding: Family Ct Act § 1046(a)(vi) hearsay exception for children's out-of-court statements does NOT apply to Family Ct Act article 8 family offense proceedings. That exception is explicitly limited to articles 10/10-A (child protective proceedings) and has been extended to article 6 (custody/visitation) b...
2018-ny-ad2d-lashlee
Citation: 161 A.D.3d 865 (2d Dept. 2018)
Court: Appellate Division, Second Department
Holding: Appellate Division AFFIRMED dismissal. Court held: (1) Family offense petition may be dismissed without hearing where petition fails to allege factual allegations which, if proven, would establish qualifying family offense; (2) Court must liberally construe petition, accept facts as alleged as tr...
✅ Helps: ✅ **SECOND DEPARTMENT - BINDING - SHOWS LIMITS OF HARASSMENT ALLEGATIONS**...
2016
Matter of Daniels v. Davis
Citation: 140 A.D.3d 1688, 34 N.Y.S.3d 287 (4th Dept. 2016)
Court: Supreme Court, Appellate Division, Fourth Department
Holding: Fourth Department REVERSED Family Court order and DISMISSED family offense petition. Court held: (1) Appeal not moot despite expiration of order of protection because "significant enduring consequences" remain; (2) Father not in default where represented by counsel despite personal absence; (3) M...
✅ Helps: ✅ **FOURTH DEPARTMENT - PERSUASIVE AUTHORITY - PRIMARY WEAPON FOR ELECTRONIC EVIDENCE INSUFFICIENCY**...
⚠️ Risks: ⚠️ MINIMAL CONCERNS - Fourth Department (not binding on Second Department), but provides clear evidentiary standard Rima must meet:...
2016-ny-ad2d-frimer
Citation: 143 A.D.3d 895 (2d Dept. 2016)
Court: Appellate Division, Second Department
Holding: Appellate Division AFFIRMED IN PART, VACATED IN PART. Court held: (1) Fair preponderance of evidence supported finding that wife committed harassment in second degree - wife's conduct (threatening false police accusations, cursing, shoving, throwing belongings) demonstrated intent to harass, alar...
✅ Helps: ✅ **SECOND DEPARTMENT - BINDING ON KINGS COUNTY - STRONG SUPPORT FOR SAM**...
2014
Riyad v Abdelmoumen
Citation: 2014 N.Y. Slip Op. 07368 (2d Dep't 2014)
Court:
Holding: TODO: One tight paragraph of the actual legal holding, in your own words. No spin, no quotes. This is the rule the court announced.
2013
2013-ny-ad1st-angela_harris
Citation: 102 A.D.3d 588 (1st Dept. 2013)
Court: Appellate Division, First Department
Holding: Appellate Division AFFIRMED. Court held: (1) Father's decision to proceed pro se was made knowingly, willingly, voluntarily - court informed him of right to counsel, assigned counsel three times, father dismissed each - no due process violation; (2) Father's criminal conviction on four counts of ...
✅ Helps: 📚 **KNOWLEDGE ONLY - Understanding What Criminal Conviction Does (Sam Had DISMISSAL)**...
2012
2012-ny-ad3d-pamela_neil
Citation: 93 A.D.3d 1107 (3d Dept. 2012)
Court: Appellate Division, Third Department
Holding: Appellate Division REVERSED in part. Court held: (1) Liberal construction standard applies to family offense petitions - accept facts as alleged as true, accord petitioner benefit of every favorable inference; (2) Mother's affidavit alleging father came to house, threatened/harassed her, called t...
✅ Helps: ⚠️ MIXED - This case CUTS BOTH WAYS (helps and hurts):...
2011
2011-ny-ad2d-schneider_arata
Citation: 81 A.D.3d 652 (2d Dept. 2011)
Court: Appellate Division, Second Department
Holding: Reversed and reinstated. Criminal acquittal does NOT have res judicata effect in family offense proceeding because acquittal does not decide identical issue material to FO petition. FO proceedings are civil in nature (preponderance standard) unless punitive remedy sought. No double jeopardy bar b...
✅ Helps: FLIP SIDE of Gowrie - shows that criminal proceedings do NOT always control FO proceedings....
2011-ny-ad2d-maybaum
Citation: 89 A.D.3d 692 (2d Dept. 2011)
Court: Appellate Division, Second Department
Holding: Appellate Division REVERSED. Court held: (1) Res judicata does NOT bar wife's counterclaim because family offense petition and divorce counterclaim "did not arise out of the same transaction or series of transactions" - they do not form "convenient trial unit" under pragmatic test (related in tim...
✅ Helps: 🚨 WARNING: THIS IS SECOND DEPARTMENT - BINDING ON KINGS COUNTY...
2010
Dorene L. v. Dhaneswar R.
Citation: 29 Misc.3d 462, 906 N.Y.S.2d 871 (Fam. Ct., Bronx County 2010)
Court: Family Court, Bronx County
Holding: In Article 8 family offense proceeding, hearsay statement by third party ("stranger sent by father to kill mother") inadmissible without independent corroboration. Statement offered "for state of mind" cannot prove family offense - must be offered for truth. To admit as declaration against penal int...
2010-ny-ad3d-charles_frank
Citation: 72 A.D.3d 1439 (3d Dept. 2010)
Court: Appellate Division, Third Department
Holding: Appellate Division AFFIRMED dismissal. Court held: (1) Family Court properly dismissed paragraphs containing opinions, conclusory statements, irrelevant facts, or allegations not constituting enumerated family offenses under FCA § 821(1)(a); (2) Doctrine of res judicata BARRED allegations identic...
✅ Helps: ✅ STRONG SUPPORT for Sam's MTD - Multiple helpful holdings:...
Matter of Anthony J. v. David K.
Citation: 70 A.D.3d 1220, 895 N.Y.S.2d 245 (3d Dept. 2010)
Court: Supreme Court, Appellate Division, Third Department
Holding: Third Department REVERSED Family Court's finding of family offense and issuance of order of protection. Court held: (1) Harassment in second degree requires proof of INTENT to harass, annoy, or alarm when subjecting person to physical contact (Penal Law § 240.26(1)); (2) Proof of intent was INSUF...
✅ Helps: ✅ **THIRD DEPARTMENT - PERSUASIVE - STRONG INTENT DEFENSE**...
⚠️ Risks: ⚠️ MINIMAL CONCERNS - Third Department (persuasive only), facts distinguish favorably for Sam:...
2010-ny-ad2d-gowrie_squires
Citation: 71 A.D.3d 1023 (2d Dept. 2010)
Court: Appellate Division, Second Department
Holding: Affirmed. Supreme Court properly granted summary judgment finding father committed family offense based on criminal contempt conviction. Criminal conviction may be given collateral estoppel effect in Family Court Act proceeding where identical issue was resolved and defendant had full and fair op...
✅ Helps: DISTINGUISHES Sam's situation - helps show difference between conviction and dismissal....
Unknown
Rader v. Rader (Stepfather Standing)
Citation: {'primary': '183 Misc.2d 185', 'also_reported_as': ['701 N.Y.S.2d 855', '2000 N.Y. Slip Op. 20028']}
Court: Family Court, Erie County
Holding: STEPPARENT LACKS STANDING to file family offense petition seeking order of protection ON BEHALF OF STEPCHILD that would remove child from custodial parent's home. Such relief sounds in Article 10 (child protective proceedings), which EXCLUSIVELY reserves to child protective agency (or person on c...
Matter of Nicole J. v. Joshua J.
Citation: {'primary': '206 A.D.3d 1186', 'also_reported_as': ['170 N.Y.S.3d 273', '2022 N.Y. Slip Op. 03780']}
Court: NY Supreme Court, Appellate Division, Third Department
Holding: (1) SOLE CUSTODY JUSTIFIED where parents unable to communicate effectively + escalating domestic violence pattern. Joint custody "aspirational" but not feasible when parents can't communicate for child's needs. (2) SUPERVISED PARENTING TIME appropriate where parent unable/unwilling to discharge p...
Matter of FM (Severance of Family Offense & Neglect)
Citation: {'primary': '61 Misc.3d 241', 'also_reported_as': ['82 N.Y.S.3d 701', '2018 N.Y. Slip Op. 28244']}
Court: Family Court, Otsego County
Holding: (1) HEARSAY IN FAMILY OFFENSE: FCA § 834 limits evidence to "competent, material, and relevant" - hearsay NOT admissible in Article 8 family offense proceedings (unlike Article 10 neglect where FCA § 1046(a)(vi) allows child's prior statements with corroboration). (2) EXCEPTION MAY APPLY: Third D...
Leslie QQ. v. Daniel RR.
Citation: {'primary': '232 A.D.3d 1086', 'also_reported_as': ['222 N.Y.S.3d 230', '2024 N.Y. Slip Op. 05857']}
Court: NY Supreme Court, Appellate Division, Third Department
Holding: (1) Credibility determinations by Family Court are entitled to great weight on appeal; custody decisions will not be disturbed if supported by sound and substantial basis in record. (2) In initial custody determination involving relocation, parent's decision to relocate is "very important factor"...
Matter of Jacklyn PP. v. Jonathan QQ.
Citation: {'primary': '221 A.D.3d 1293', 'also_reported_as': ['201 N.Y.S.3d 300', '2023 N.Y. Slip Op. 06009']}
Court: NY Supreme Court, Appellate Division, Third Department
Holding: STALKING FAMILY OFFENSES established by pattern of conduct: (1) Stalking 3rd degree - pointing gun, dragging mother by car, forcible touching + throwing to floor. (2) Stalking 4th degree - parking outside workplace/home, entering home uninvited, following to hotel. Intent to harass/alarm inferred ...
Matter of Jablonsky-Urso v. Urso
Citation: {'primary': '88 A.D.3d 711', 'also_reported_as': ['930 N.Y.S.2d 243', '2011 N.Y. Slip Op. 07048']}
Court: NY Supreme Court, Appellate Division, Second Department
Holding: (1) CUSTODY JURISDICTION: NY lacked jurisdiction where not child's "home state" under UCCJEA. (2) FAMILY OFFENSE INDEPENDENT: Court can exercise temporary emergency jurisdiction over family offense even if lacks custody jurisdiction. (3) HEARING REQUIRED: Cannot dismiss family offense petition on p...
Matter of Ellen Z. (Family Offense)
Citation: {'primary': '47 Misc.3d 389', 'also_reported_as': ['1 N.Y.S.3d 766', '2015 N.Y. Slip Op. 25007']}
Court: Family Court, Queens County
Holding: (1) Family offense petition must allege SPECIFIC ACTS that, if true, would constitute enumerated family offense. Conclusory allegations (e.g., "got aggressive") without facts are INSUFFICIENT and subject to dismissal. (2) Order of protection may be extended for "reasonable period of time upon sho...
INDEX
Citation: No citation
Court: Unknown court
Holding:
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[Case Name]
Citation: [Full citation with court and year]
Court: [Full court name]
Holding: [One tight paragraph of the actual legal holding, in *your* words, not quotes. No spin.]